LIBRARY OF CONGRESS. 

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UNITED STATES OF AMERICA. 



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Mfifctant^' pand-Iioo^ 



— OF — 



OHIO l-KiAiS. 



BY E. W. GODDAED, . 
Attorney and Couneellor at Law. 




% U-fl:o:— 




y^?S OF COHORTS. 

AY 35 189 i 



CI.EVEI.AND, OHIO: 

THE MEBCANTILB PUBLISHING CO. 

1891. 



4> 



v^V- 



Entered according to Act of Congress, in the year 
1891, by E. W. Goddard, in the office of the Librarian 
oi Congress, at Washington. 



NOTR. 



From the large variety of questions, relating to 
flubjects noted in this little work, asked me, during 
the past two years, I have been led to attempt to 
give to merchants and others, at home and abroad, 
such a compilation of Ohio Laws, and other in- 
formation, as will best answer many of those ((ues- 
tions, and give briefly the desired knowledge of 
Ohio Lavrs that business men demand, without 
having to wade through the ponderous volumes of 
the Ohio Statutes. / 

The alphabetical arrangement of the subjects, 
supplemented with a complete index, will give 
desired information very quickly to a man whose 
time is limited. More than a hundred useful sub- 
jects are treated upon. 

The author would consider it a favor, if the 
business men consulting this little work, would 
write out, during the year, such questions as may 
suggest themselves, and of which business men 
desire information, and forward them from time 
to time to him. 

Trusting that the business men who refer to this 
work will find therein information useful to them, 
this little volume is most respectfully dedicated 
to the members of The Merchants' and Manu- 
facturers Exchange Company, of Cleveland, Ohio. 
E. W. GODDAED. 

February, 1891. 



Absence, Absconding, Concealment. 

When a cause of action accrues against a per- 
son, lie is out of the State, or has absconded, or 
concealed himself, the period limited for the 
commencement of the action will not begin to 
run until he comes into the State, or while he is 
so absconded or concealed; and if, after the cause 
of action accrues, he departs from the State, or 
absconds or conceals himself, the time of his 
absence or concealment shall not be computed 
as any part of the period within which the action 
must be brought. 

Accident, Surprise. 

Among the causes for which a new trial may 
be granted, in the same court, to the aggrieved 
party, after verdict, or decision of the court, are 
accident or surprise which ordinary prudence 
could not have guarded against. 

-5- 



Inevitable accidents for which a person is not 
responsible arise from some extraordinary in- 
terruption of natural laws, producing an event 
which ordinary prudence could not foresee or 
avoid, anciently called the act of God. The 
principle has been applied to accidents arising 
from foggy weather; an unusual water flood 
breaking down a well-constructed dam and 
injuring j^roperty below; or delaying or pre- 
venting safe transportation by a common carrier. 
So one who, driving in the highway with due 
care, runs over a child whom he could not 
reasonably be expected to see, is not liable. 

But the defendant must be free from fault, 
and the plaintiff must not be chargeable with 
contributory negligence. 

Accommodation Acceptor. 

It is common to indorse or draw a bill, or 
make or indorse a note, merely for the accom- 
modation of a friend, and as a substitute for the 
loan of money. For instance, A wishes to raise 
$500, which G is willing to loan him, for two 
months, if he will procure C and E as sureties. 
A, in order to do this, gets C to draw an order 
or bill of exchange on E, in favor of himself (A) 
or order, payable in two months. A takes this 
order or bill to E, who accepts it, and A then 
indorses and delivers the bill to O, who loans 
the money Upon it, knowing that there is, in 

-6- 



fact, no consideration given by A to C, and that 
E, who accepts the bill, owes C nothing. This is 
called an accommodation bill. The acceptance 
of E is called an accommodation acceptance. 

Accommodation Indorser. 

But suppose A, instead of thus procuring an 
accommodation bill, goes to C and gets him to 
make out and sign a note payable to A, or order, 
in two months, for $500. A and B then indorse 
the note, by putting their names on the back of 
it. A then takes this note to G, who lends him 
the money on it, knowing that there is, in fact, 
no consideration between the parties for the 
execution of the note, or for the indorsements. 
This is an accommodation note, and E is an 
accommodation indorser. Now, as between all 
the parties, except A and G, there is no money 
consideration, but G is an innocent holder, has 
paid the value of the instrument, and none of 
the parties can, in such case, set up a defence 
against him that there was no consideration 
between them. 

In the absence of any agreement to the con- 
trary between accommodation indorsers and 
drawers of a bill of exchange, at the time it was 
made, they will not be deemed joint sureties, 
but separately liable in the order of their be- 
coming parties upon the instrument. 

-7- 



Accommodation Paper. 

Bills of exchange are generally presumed to 
be drawn under the belief that the drawee has 
money, goods or effects of the drawer in his 
hands wherewith to j)ay the debt. Otherwise, 
and for that reason, the bill is not accepted, 
no notice to the drawer is necessary. 

Accommodation drawers are entitled to notice 
of non-payment; as likewise accommodation 
indorsers of bill, bond or note. 

Demand and notice may be waived, and in 
some instances may be excused as not necessary 
to an indorser who, before the note or bond is 
due, has informed the holder that the maker 
has absconded, and requests further time for 
payment. 

And, in general, if an indorser is fully indem- 
nified by mortgage, or otherwise, for the in- 
dorsement, the indorsee may maintain an action 
against him, without proof of demand and 
notice. 

Account Stated. 

Means that the parties met and struck a 
balance. It implies a promise to pay the bal- 
ance found. In such case the limitation of 
action thereon is six years from the time the 
parties met and struck such balance. 



Acknowledgment of Service of Process. 

An acknowledgment on the back of the sum- 
mons or petition by the party sued, or the 
voluntary appearance of a defendant, is equiva- 
lent to service. 

Parties may also waive process and appear in 
•court. 

(See Acknowledgment of Deeds, Wills.) 

Actions. 

The common law names of actions, such as 
Assumpsit, Debt, Trover, Covenant, etc., are 
abolished by the Code, and in their place it is 
provided that there shall be but one form of 
action, called a civil action. 

The distinction between actions at law and 
suits in equity, so far as relates either to name 
■or form, has been abolished by the Code, and 
there has been substituted for them what is 
■called a "civil action," which is synonymous 
with "suit." The parties are plaintiff and 
•defendant. (See Limitation of Action.) 

Administration of Estates. 

The Probate Court has exclusive jurisdiction 
of proof of wills; to grant and revoke letters 
testamentary and of administration; to direct 
and control executors and administrators, and to 
order distribution of estates; to appoint and 
jemove guardians; to grant marriage licences; 

-9- 



to make inquest respecting lunatics and other 
persons, subject by law to guardianship; to 
make inquests of compensation in appropria- 
tion of land for public purposes; to qualify 
assignees and appoint trustees and commis- 
sioners of insolvent debtors, control their con- 
duct and settle their accounts. 

It has also concurrent jurisdiction with the 
Court of Common Pleas in the sale of lands on 
petition of executors, administrators and guar- 
dians, and the assignment of dower in such 
cases of sale, and in habeas corpus. 

The husband or widow of the deceased, or 
next of kin, or both, as the court may think fit, 
are first entitled to letters of administration. If, 
however, they are incompetent, or unsuitable to 
the trust, it will be committed to one or more 
of the principal creditors. 

Affidavit. 

An order of attachment will be issued when 
an affidavit is filed in the proper court by the 
plaintiif , his agent or attorney, showing — 

1. The nature of the plaintiff's claim. 

2. That it is just. 

3. The amount which the afiiant believes the 
plaintiif ought to recover, and 

4. The existence of any one of the following 
grounds:^ 

-10- 



1. When the defendant, or one of several 
defendants, is a foreign corporation, or a non- 
resident of this State; or, 

2. Has absconded, with the intent to defraud 
his creditors ; or, 

3. Has left the county of Ms residence, to 
avoid the service of a summons; or, 

4. So conceals himself that a summons can- 
not be served upon him; or, 

5. Is about to remove his property, or a part 
thereof, out of the jurisdiction of the court, with 
the intent to defraud his creditors; or, 

6. Is about to convert his property, or a part 
thereof, into money, for the purpose of placing 
it beyond the reach of his creditors; or, 

7. Has property, or rights in action which he 
conceals; or, 

8. Has assigned, removed, disposed of, or is 
about to dispose of, his property, or a part there- 
of, with the intent to defraud his creditors; or, 

9. Has fraudulently or criminally contracted 
the debt, or incurred the obligation, for which 
suit is about to be or has been brought. 

But an attachment shall not be granted on the 
ground that the defendant is a foreign corpora- 
tion, or a non-resident of this State, for any 
claim other than a debt or demand arising upon 
contract, judgment or decree, or for causing 
death by a negligent or wrongful act. 

-11- 



Like affidavit is required in action before a 
Justice of the Peace, with the additional allega- 
tion that the property sought to be attached is 
not exempt from execution; and, if personal 
earnings of defendant are sought to be attached, 
that defendant is not the head or support of a 
family, or that such earnings are not for services 
rendered within three months next prior to the 
action; or, being so earned, amount to more 
than $150, and that only the excess over that 
amount is sought to be attached. (See Under- 
taking.) 

Agent, Principal. 

One employed by another to represent him or 
to act for him, is an agent, and the one employ- 
ing an agent is his principal. A general agent 
is authorized to transact all his principal's busi- 
ness, or all his business of some particular kind. 
He is deemed a general agent in that particular 
business, as where he is entrusted with the 
possession of goods to be sold for his principal, 
although his authority is confined to the sale of 
Buch goods. So a mercantile broker, though 
not having possession of his principal's goods, 
is empowered to make contracts of sale and 
purchase on his behalf, and is deemed a general 
agent within the scope of the powers usually 
conferred upon a mercantile broker. 

-12- 



Verbal authority is sufficient to enable an 
agent to make contracts in writing binding bis 
principal, except the execution of a deed, or 
contract under seal, when his power must be 
likewise under seal. 

Authority of an agent may be implied, where 
the principal has previously sanctioned or ac- 
quiesced in like transaction by the agent; and 
the subsequent ratification of acts of a third 
person or agent, by the principal, will confirm 
and establish the authority of the agent. 

A principal always possesses the power of 
revocation of the authority given to his agent, 
unless it is coupled with an interest, or given 
for a valuable consideration. Death of the 
principal operates as a revocation of an agency. 

Agreement. 

To maintain an action upon any special 
promise to pay the debt, or be responsible for 
another, or to charge an executor or adminis- 
trator to answer out of his own estate, or to 
charge any person upon any agreement in con- 
sideration of marriage, or upon any contract of 
Bale of lands, or any interest in the same, or 
upon any agreement not to be performed within 
the space of one year from the making thereof, 
— ^the agreement, or some note or memorandum 
thereof, must be in writing, and signed by the 
party to be charged therewith, or by some 

-13- 



other person thereunto by him or her lawfully 
authorized- 
All agreements, promises, notes, bonds, con- 
tracts, mortgages or other securities, the con- 
sideration of which, in whole or in part, is for 
money, or other valuable thing, won or lost, laid, 
staked or betted at any game, under any name 
whatsoever, x>r upon any horse race, or cock 
fight, or for money lent for the purposes of such 
game, are absolutely void and of no effect. (See 
Contracts.) 

Appeals. 

From Justice's court to be fixed at not exceed- 
ing ten days when judgment for defendant in 
case when property is attached. Bond, double 
amount of value of the property attached. Not 
allowed in following cases : — . - 

1. On judgment rendered on confession. 

2. In jury trials when neither party claims 
in his bill of particulars a sum exceeding twenty 
dollars. 

3. In the action for the forcible entry and 
detention, or forcible detention of real property.. 
In trials of the right of property under the 
statutes, either levied upon by execution or 
attached. 

In all cases not otherwise specially provided 
by law, either party may appeal from Justice's 
Court to Common Pleas. 

-14- 



From Common Pleas to Circuit Court, may be 
taken by parties affected by judgment or final 
order in a civil action rendered in Common 
Pleas Court, of which it had original jurisdiction, 
if right to demand a jury did not exist, and from 
an interlocutory order dissolving an injunction. 

Appearance to the Action. 

An acknowledgment on the back of the sum- 
mons or petition, or the voluntary appearance of 
the defendant is equivalent to service. 

When parties agree to enter, without process, 
before a justice of the peace, any action of which 
such justice has cognizance, he shall enter the 
same on his docket, and proceed to trial, judg- 
ment and execution, as if summons had been 
served. 

Voluntary appearance before is equivalent to 
service. And if return of summons fails to show 
legal service, filing a set-ofF, motion or demurrer 
constitutes a voluntary appearance. 

Arrest on Civil Process before Judgment. 

A defendant in a civil action can be arrested 
before judgment, in the manner prescribed by 
law only. The requirements of an affidavit for 
an arrest before judgment are the same as for an 
attachment. (See Affidavit.) 

The same in an action before a justice of the 
peace, (See Affidavit.) 

-15- 



Arrest on Civil Process after Judgment. 

An execution against the person of the debtor 
may be issued upon any judgment for the pay- 
ment of money, upon like affidavit as for an 
attachment, with the additional allegation that 
the judgment was not rendered on any gaming^ 
consideration, and that defendant has not been, 
discharged as an insolvent debtor. 

For arrest on judgment of a justice of the peace^ 
like affidavit required. (See Affidavit.) 

Assignment of a Claim. 

Where mutual claims exist between parties, or 
such as could be availed of in counter claim or 
set-off, neither can be deprived of the benefit 
thereof by assignment of the other, but the 
two demands must be deemed compensated, so far 
as they equal each other. 

Assignment for Benefit of Creditor. 

The probate court has exclusive jurisdiction ta 
qualify assignees of insolvent debtors, control 
their conduct and settle their accounts. Assignee 
in voluntary assignments to give bond in amount, 
and with sureties, approved by the court. Assign- 
ment to take effect from the time of delivery to 
the probate judge. Assignee failing to give bond 
may be removed and a trustee appointed. Addi- 
tional trustee may be appointed on application of 
a majority of the creditors in amount. Creditors 

--16- 



may elect a trustee, or trustees, notice being given 
of time and place, and represented by fifty per 
cent, of the debts, a majority in value so repre- 
sented being necessary to a choice. Trustees to 
give like bond as assignees. On resignation or 
removal of an assignee or trustee he must forth- 
with file and settle his account, and pay over 
money, and deliver to his successor all effects of 
the trust, and convey title to any real estate em- 
braced therein. 

Assignments with intent to prefer, in contem- 
plation of insolvency, inure to the general cred- 
itors. 

Claims preferred by law are, taxes assessed 
upon personal property assessed prior to assign- 
ment, wages due an operative in service of an as- 
signee for labor performed within twelve months 
preceding, not exceeding three hundred dollars. 
Such assignment not construed lo cover property 
exempt by law from levy and sale on execution, 
unless such exemption is expressly waived, nor 
property belonging to the wife, or the homestead 
exemption, and exempt personalty th?t has to be 
selected by husband and wife. 

Attachment. 

Proceedings ia attachment are mere collateral 
incidents to a common action to seize the debtor's 
goods and chattels, and to subject debts due him 
to satisfy a judgment afterwards to be rendered. 

-17- 



When plaintiff entitled to an order of attach- 
ment. (See Affidavit). 

Attested Account. 

See Lien paragraph. ''Lien of sub-contractor 
upon payments due head contractor, how ob- 
tained, etc," 

Bail. 

Defendant in a" civil action may, on arrest, give 
bail by executing an undertaking to the plaintiff, 
,"with sufficient sureties, m presence of the sheriff, 
conditioned to render himself amenable to the 
process of the court thereon. Persons confined or 
detained on criminal charge, which is bailable, 
may, in the discretion of the court, be admitted 
to bail during pendency of proceedings in habeas 
corpus. Also in like manner in charges of con- 
tempt of court, and in bastardy proceedings. De- 
fendant under arrest in a civil action may be dis- 
charged by deposit of money to the amount 
named in the order of arrest. 

Bill of Costs. 

An itemized bill of costs is required to be filed 
by the clerk of the court on rendition of judg- 
ment, and he shall not receive for himself or any 
other officer any costs unless such itemized bill 
has been so filed. Persons liable to pay costs to 
any officer, may demand, and it is the duty of 

—18— 



such officer without charge, to make out, sign and 
deliver to such person an itemized bill thereof ; 
and no person is compelled, after such demand, to 
pay such costs, until an itemized bill is so made 
and delivered, with a receipt for the fees and costs 
paid. 

Bill of Sale. 

As against third persons or attaching creditors, 
a mere bill of sale unaccompanied bv an absolute 
delivery of the possession of the goods, is void. 
(See Chattel Mortgage.) 

Bills and Notes. 

Indorser or holder, to whom any note, bond or 
bill of exchange, or check, is made payable by 
such indorsement or delivery, may sue in his own 
name, the maker, drawer, or obligee, and after 
due diligence, against the indorser also. 

If so indorsed or delivered after due, it is open 
to any defense that might have been made if the 
action had been between the original parties. 

Also, if any such note, bill, or check, be in- 
dorsed or delivered on or before the day on which 
the same is made payable, and the indorser insti- 
tute action thereon, defendant may prove pay- 
ment of any money thereon before the same was 
so indorsed or delivered, on proving that plaintiff 
had notice of such payment before such indorse- 
ment or delivery. 

All such notes, bonds, bills and checks, payable 

—19— 



at a day certain after date or sight, are entitled to 
three days' grace, except, however, that all checks, 
bills of exchange, or drafts, appearing on their 
face to have been drawn on any bank, and pay- 
able on a specific day, or in any number of days 
after the day of sight or date thereof, which are 
deemed payable without grace. And in such case 
protest and notice is not necessary. 

In cases where protest and notice is necessary, 
if the third day of grace fall on the first day of 
the week, the demand must be made on the next 
preceding business day. 

The following days, namely, the first day of 
January, the fourth day of July, the twenty-fifth 
day of December, the twenty-second day of Feb- 
ruary, the thirtieth day of May, and any day ap- 
pointed and recommended by the governor of the 
state or the president of the United States as a 
day of fast or thanksgiving, shall, for all purposes 
whatsover of presentment for payment or accept- 
ance and the protesting or the giving of notice of 
non-acceptance or of non-payment of all such in- 
struments, be considered as the first day of the 
week ; but if the first day of January, the fourth 
day of July, the twenty-fifth day of December, or 
the twenty-second day of February, or the thir- 
tieth day of May, be the first day of the week, 
the succeeding Monday shall for the same purpose 
be considered as the first day of the week. 

—20— 



A promissory note or other negotiable instru- 
ment, ^iven in whole or in part for any patent in- 
Tention, or an invention claimed to be patented, 
must have the words ^' given for a patent right," 
prominently and legibly written across the face 
thereof, above the signature. Such instrument in 
the hands of the holder, will be subject to the same 
•defense as it would be in the hands of the original 
owner or holder 

Bond. 

On appeal from justice of the peace, to be given 
within ten days to adverse party, with sufficient 
Burety, in double the amount of judgment and 
costs; conditioned to prosecute without delay, and 
to satisfy the judgment if obtained. 

On order or decree from Probate court, appeal 
bond to be filed within twenty days, surety to be 
approved by Probate judge — conditioned to abide 
the order or decree of Appelate court — when de- 
cision directs the payment of money, undertaking 
to be in double the amount, otherwise in the discre- 
tion of said court. Bond not required of party 
acting in a fiduciary character who has given 
bond for the faithful discharge of his duties, and 
appeals in the interest of the trust. 

On appeal from Common Pleas court to Circuit 
court, bond or undertaking to be given within 
thirty days from the rising of the court, surety to 
be approved by the clerk or judge, in double 

—21— 



amount of judgment if for money; in other cases 
the court to fix the amount. (See Attachment) • 
(Undertaking). 

Book Account. 

If, in an action, the claim or defense is founded 
on a book account, a party may testify that the 
book is his account book ; that it is a book of 
original entries ; that the entries therein were 
made by himself, or a person since deceased, or a 
disinterested person, non-resident of the county* 
Whereupon the book shall be competent evidence 
and such book may be admitted in evidence in 
any case, without regard to the parties, upon like 
proof by any competent witness. 

Burden of Proof. 

A party asserting a claim takes upon himself 
the burden of proving affirmatively the facts nec- 
essary so establish it; and particularly where the 
facts are within his knowledge. When the basis 
upon which a party claims involves a negative as- 
sertion, he is bound to prove a negative. As where 
a failure of consideration is alleged in an action ta 
recover back money paid, the party making such 
claim must prove the material facts to exist, even 
though they involve a negative. 

Care. 

Ordinary care or diligence is that degree of 
care and diligence which men of common prud- 

-22- 



ence are accustomed to use and employ, under the 
same or similar circumstances, or in order to 
bring that in which they are engaged to a safe 
and successful termination, having due regard to 
the rights of others and the objects sought to be 
accomplished. Conditions of great peril require 
greater care than that less perilous. The amount 
of care increases but the standard remains tlie 
same. Ordinary care, in different situations and 
dangers, requires different degrees of watchful- 
ness and diligence ; so that what would be reason- 
able care under one condition of circumstances, 
would not be so under another. 

Carriers of Goods. 

Not every person who undertakes to carry goods 
for hire is deemed a common carrier. One who 
occasionally carries goods for hire, will not be 
deemed a common carrier, and in the absence of 
assuming greater risks by contract will be respon- 
sible only for ordinary care and diligence. Huck- 
sters and others making regular tri2)S to town, 
and applying to dealers and ["others for return 
freight are not common carriers of goods; such 
cases must be treated as special and individual 
transactions. 

A common carrier of goods is one who exerciscg 
it as a 2-)ublic employment, undertaking to carry 
goods for persons generally, and holding himself 
out as engaging in the carrying of goods for hire 



and as a business, and not as an accidental occu- 
pation upon one or more occasions. 

Those who engage to carry goods for hire as a 
common employment from place to place, or from 
one part of a town to another ; express companies, 
masters of steamboats, river boats, canal boats, 
and others engaged in the transportation of goods 
generally for iiir^, and a ferryman occupying a 
position in a line of travel, and holding himself 
out for general employment, come within the 
description of, and are liable as, common carriers. 

Choses in Action. 

A claim or right to a sum of money, for which 
an action may be brought, is a chose, or thing, in 
action ; and this chose in action may be a bond, 
account, or in fact any demand arising on con- 
tract, whether payable immediately, or due at a 
future time, whether in or out of suit. 

The assignee of any chose in action, whether 
bill of exchange, promissory notes, and bonds, 
payable to order, bearer, or assigns, account, or 
demand for a sum of money arising on contract, 
may sue therefor in his own name. No partieu-. 
lar form of transfer is required. The mere de- 
livery of a bond, covenant, note, account, or other 
claim, for a valuable consideration, is a valid 
assignment, if such delivery was intended by the 
parties zis a transfer. Likewise a judgment may 

-24- 



be assigned for a valuable consideration, either 
verbally or by writing ; but it is safer to have it 
in writing. 

Claimant of Property Taken on Execution. 

If property is levied on by execution and 
claimed by other person than the defendant, the 
officer is required forthwith to give notice in 
writing to a justice of the peace^ setting forth the 
names of the plaintiff and defendant, and the 
name of the claimant, and furnish the justice with 
a, schedule of the property claimed. Thereupon 
the justice issues summons for five disinterested 
men, electors, to appear before him at a time and 
place named, to try and determine the claimant's 
right. Claimant to notify the party in interest in 
the execution. Jury sworn to render a true ver- 
dict according to the evidence. If the jury 
find the right to the goods and chattels in the 
claimant, to find the value thereof also, and the 
justice shall render judgment upon such finding 
for the claimant, and for his costs against the 
plaintiff in the execution, or other party for whose 
benefit it was issued, and also that he have resti- 
tution of the goods and chattels. If the jury find 
for the other party, costs and execution shall be 
awarded against the claimant. If the jury fail to 
agree, and be discharged, costs shall be taxed, to 
abide the event of a trial before another jury to be 
summoned in like manner. If jury find for the 

-25- 



claimant, the plaintiff in the execution may ten- ' 
der to the officer an undertaking in double tlie 
amount of the value of the property assessed by 
the jury, with good and sufficient sureties, pay- 
able to claimant, to tlie effect tliat they will pay all 
damages sustained by reason of detention or sale 
of the property, and the officer shall deliver tlie 
same to the claimant, and proceed to sell the 
property, and shall not be liable to the claimant 
therefor. 

Cognovit, or Judgment Note, 

Has no advantage over an ordinary promissory 
note unless for a sum exceeding one hundred dol- 
lars, as they can only be entered up in a Court of 
Becord. Justice courts are not Courts of Kecord. 
In Court of Common Pleas such notes can be en- 
tered up by attorneys without summons issuing to 
defendant ; the power of attorney in tlie note 
authorizing any attorney to confess judgment on 
the note according to its terms. (See Confession 
of Judgment.) 

Collateral Security, 

A real estate mortgage is regarded as mere col- 
lateral security for the 2)erformance of the condi- 
tion of the mortgage; and where that condition 
is the payment of a debt, the security is regarded 
as an incident to the debt, so that the legal trans- 
fer of the debt, whether a note or bond, or negoti* 

-26- 



able or not, passes the mortgage security to the 
assignee of the debt, note, or bond. 

If several promissory notes are jointly secured 
by mortgage, the assignee of one becomes equit- 
ably entitled to a pro-rata participation in the 
benefit of the security, when all the notes stand- 
upon the same footing as to the time when due, 
unless the agreement of the parties to the assign- 
ment be otherwise. 

Different notes or debts secured by the same 
mortgage must be paid from the mortgage fund, 
in the order in which they fall due, although the- 
fund may not be sufficient to pay all in full. 

Composition With Creditors. 

The payment of a less sum than is due before 
a debt is due; or the payment of a less sum at 
another place than is stipulated, in satisfaction of 
the whole debt ; or the acceptance of security for 
a part of the debt, in consideration of Avhich the 
creditor agrees to lose the balance ; or an agree- 
ment to receive a part of the debt in money and 
the residue in specific articles — in all such cases 
the creditor derives a benefit from the arrange- 
ment, and there is]therefore a sufficient considera- 
tion. Where a specific sum is due, an agreement 
to receive, and the acceptance of a less sum after- 
wards in discharge of the whole, is not, in general,, 
a satisfaction of the whole, unless a release, un- 
der seal, is executed, or there is some considera- 



tion for the relinquishment of the residue, or the 
part relinquished is merely interest on the debt. 
The delivery of property, however, in satisfaction 
of a debt, although of less value than the amount 
of the debt, will operate as a complete satisfac- 
tion. 

And where several creditors, with the knowledge 
of each other, agreCj on the faith of each other's 
undertaking, to give time to, or accept a composi- 
tion or per cent, from the debtor in discharge of 
his debts, the agreement will be binding on all 
the creditors who are parties to it. 

Compound Interest. 

Where there is a settlement of accounts between 
parties, after interest has become due, and the in- 
terest is charged in settlement, interest may be al- 
lowed upon the balance found due by the settle- 
ment. So, an agreement after interest is due, to 
turn it into principle, is valid. But in the ab- 
sence of such settlement, and in computing inter- 
est on demands, it is not allowable to make an- 
nual rests, and having found the balance (includ- 
ing interest) then due, to carry the same as prin- 
ciple into subsequent statements, and interest 
thereon to the party in whose favor such balance 
is found. Where there is a contract between the 
parties for the payment of interest annually, if it 
be not paid, simple interest may be allowed upon 
the interest from the time it became due ; but the 

-28- 



interest upon interest can not be made to bear 
interest. 

Computation of Interest. 

The parties to a bond, bill, promissory note, or 
other instrument in writing for the forbearance 
or payment of money at any future time, may 
stipulate therein for the payment of interest upon 
the amount thereof at any rate not exceeding 
aight per centum per annum, payable annually. 

Upon all judgments, decrees, or orders, rendered 
upon any bond, bill, note, or other instrument of 
writing containing; stipulations for the payment 
of interest in accordance with the above provis- 
ion, interest will be computed till payment at 
the rate specified in the instrument. 

In all other cases, when money becomes due 
and payable upon any bond, bill, note, or other 
instrument in writing hereafter made, upon any 
book account, or settlement hereafter made bet- 
ween the parties, upon all verbal contracts here- 
after entered into, and upon all judgments, de- 
crees, and orders of any judicial tribunal for the 
payment of money arising out of any contract 
hereafter made, or any other transaction whicli 
hereafter occurs, the creditor shall be entitled to 
interest at the rate of six per cent, per annum, 
and no more. 

The rate of interest on existing obligation is 
not affected by the foregoing provision, but all 

^29- 



■creditors are entitled to collect and receive inter- 
est on all bonds, bills, notes, and other written 
instruments heretofore entered into, upon all 
balances struck on settlements heretofore made, 
upon book accounts heretofore accrued, upon all 
verbal contracts heretofore made and upon all 
judgments, decrees, and orders of accounts here- 
tofore rendered. 

The taking of usurious interest, or contracting 
therefor, does not make void the contract, except 
as to the excess of interest over the legal rate ; 
and judgment will be rendered for no more 
than the balance found due, after deducting the 
excess of interest so paid. 

The rule for the computation of interest is as 
follows : A partial payment exceeding the inter- 
est due, is to be applied first to pay the interest 
and balance on principal; if less than the inter- 
est, it goes on the interest. On a note payable on 
or before a certain day, with interest from date, 
if, before maturity, partial payments are made, 
Ihey will be applied first to discharge the interest 
accrued, and the balance, if any, to a reduction 
of the principal. When interest is payable an- 
nually, or at stated periods, each installment of in- 
terest past due bears simple interest till paid, and 
payments are to be applied, first, in satisfaction 
of interest due upon interest; secondly, in satis- 
iaction of interest accrued upon principal; and, 

-30- 



thirdly, in satisfaction of i)rincipal; hut in no 
case will interest upon interest be made to hear 
interest. 

No device is allowed to cover illegal interest, 
such as including land, or other property in the 
transaction at double price. 

Computation of Time. 

Unless otherwise si^ecially provided, the time 
within which an act is required by law to be done 
'shall be computed by excluding the first day and 
♦ including the last; and if the last be Sunday it 
shall be excluded. When a contract is silent as to 
the time of performance, the law infers an en- 
gagement that it shall be executed within a rea- 
sonable time. What is a reasonable time is some- 
times a question of law, and must often be deter- 
mined by view of all the circumstances of the 
case, the subject matter, and the custom of the 
place, or trade. 

Months mentioned in a statute are understood 
to be calendar months, and not lunar months, of 
lour weeks ; as when a note is payable one or 
more months after date, calendar months are sup- 
posed to be intended. 

The law does not take notice of the fractions of 
a day. So the court held, in case of a life policy 
for one year dated September 3, and the insured 
died Sept. 3, the following year, that the year did 
not expire until the last day was fully expired. 

-31- 



Conditional Sales. 

Personal property sold, to be paid for in whole 
or in part in installments, or leased, rented, hired 
or delivered on condition that the same shall be- 
long to the person purchasing, leasing, renting, 
hiring, or receiving the same whenever the amount 
paid shall be a certain sum, or the value of such 
property, the title to the same to remain in the 
vendor, lessor, renter, hirer or deliverer of the 
same, until such sum or the value of such prop- 
erty or any part thereof shall have been paid, 
— such condition, in regard to the title, will be 
void as to subsequent purchasers and mortgagees 
in good faith, and creditors, unless such condition 
shall be evidenced by writing, signed by such pur- 
chaser, etc., and also a statement thereon, under 
oath, made by the person so selling, etc., of the 
amount of the claim, and a copy thereof deposited 
with the clerk of the township where the person 
signing resides, or with the county recorder. 

Property so sold, leased^ etc., the vendor can 
not take possession ot without tendering or re- 
funding to the purchaser, etc., the sum of money 
so paid after deducting a reasonable compensa- 
tion for the use of such property, not exceeding 
fifty per cent, ot the amount so paid, notwith- 
standing anything in the contract to the contrary, 
unless the property has been broken or actually 



damaged, then a reasonable compensation for such 
breakage or damage shall be allowed. 

A violation of the foregoing provision is deemed 
a misdemeanor, and the penalty is any sum not 
more than $100.00. 

The sale, secretion, or removal of property so 
conditionally purchased, with intent to defraud, 
is deemed a misdemeanor, the penalty of which 
is a fine of not more than $500.00, or imprison- 
ment not more than three months, or both. 

Confession of Judgment. 

A person indebted, or against whom a cause of 
action exists, may personally appear, in a court 
of competent jurisdiction, and, with the assent of 
the creditor, or person having such cause of action, 
confess judgment; whereupon judgment shall be 
entered accordingly. The debt or cause of action 
must be briefly stated in the judgment, or in a 
writing to be filed as pleadings as in other actions ; 
and such judgment authorizes the same proceed- 
ings for its enforcement as judgments rendered 
in actions regularly brought and prosecuted ; and 
the confession will operate as a release of errors. 

An attorney who confesses judgment in any 
case must, at the time of making such confession, 
produce the warrant of attorney for making the 
same to the court before which he makes the con- 
fession ; and the original or a copy of the war- 
rant must be filed with the clerk of such court. 

-33- 



A warrant of attorney executed by a person in 
custody, to confess judgment in favor of the per- 
son at whose suit he is in custody, will be of no 
force unless executed in presence of an attorney 
expressly named by the person in custody, and 
signed by him as a witness. An attorney cannot 
confess judgment for his client before a justice of 
the peace. ^ — 

Consideration. 

Consideration of marriage must be in writing. 
A contract in order to be binding, must be made 
upon a good and sufficient consideration, which is 
the price, motive, or inducement to make tlie 
promise upon which suit is brought. Agreements 
to pay, or do a thing, on one side, without any 
considerations on the other side, are wholly void 
ill law. It is nudam pactum — a naked promise. 
Any consideration, however small, is sufficient to 
prevent the agreement from being void for want 
o( consideration. So when there is a considera- 
tion, not illegal, its actual value or amount will 
not, in general, be disturbed, for any man having 
a legal capacity to contract, is presumed to be a 
suitable judge of the value he may choose to set 
upon either his property, labor, or purchase. 

When there are promises on both sides, the 
promise on one is a good consideration for the 
])romise on the other. 

As the object of the law is to repress vice and 

-34 



immorality and promote the welfare of society, ail 
promises which originate in a breach or violation 
of its principles and enactments, are void. 

Consignment. 

(See Carriers of Goods. Warehousemen.) 

Consignor and Consignee. 

( Embezzlement by carriers, warehousemen, com- 
mission merchants, etc. ; embezzlement by con- 
signors). A carrier, Avarehouseman, factor, stor- 
age, forwarding or commission merchant, or man- 
ufacturer, or his clerk, agent, or employee, who, 
^vith intent to defraud, sells, or in any way dis- 
poses of, or applys or converts to his own use any 
bill of lading, custom house j^ermit, or warehouse- 
keeper's receipt, intrusted to or possessed by him, 
or any property intrusted or consigned to him, or 
the proceeds of profits of any such sale of prop- 
erty, or fails to pay over such proceeds, deducting- 
charges and usual or agreed commission, or the 
product of any property delivered to him to 
be manufactured, after deducting any compen- 
sation to which he may be entitled as commission 
for the maniifacture ; and a consignor of any prop- 
erty, or his agent, not being absolute owners 
thereof, and not having authority to stop, counter- 
mand, or change the consignment thereof, or to 
sell or encumber the same during transit, who, 
with intent to defraud, after the delivery thereof 

-35- 



for transportation on any water craft or vehicle^ 
in any way stops, countermands, or changes the 
consignment thereof, or sells, disposes of, or en- 
cambers such property, or in any way converts 
the same to his own use, shall be imprisoned in 
the penitentiary not more than four years or less, 
than one year. 

Constructive Notice. 

A party to a transaction is presumed to know^ 
and therefore is said to have constructive notice 
of, everything which a person of common prud- 
ence and caution would have inquired into, and 
known, had he been surrounded by the same sus- 
picious circumstances. 

Continuance. 

In an action by attachment on a claim before it 
becomes due, judgment will not be rendered until 
due, to which time the case will be continued. 
Continuance of cases are generally within judicial 
discretion. In Justice courts when summons can- 
not be served within the county, the justice of the 
peace is authorized to continue the case not less 
than forty, nor more than sixty days, for publica- 
tion of notice. 

A justice of the peace may, when defendant is 
a non-resident, on his own motion, continue an 
action not exceeding forty-eight hours, if he is 
engaged, or a jury is required ; and when the de- 

-36- 



fendant is a resident, and a jury be required, or 
lie be engaged, the justice cannot continue the 
case on his own instance, beyond the period of 
eight days. 

The justice may continue on application of 
(either party, making affidavit of want of material 
testimony, not exceeding thirty days. And also 
a like continuance for a perio( longer than thirty 
days, but not exceeding ninety days, on applica- 
tion of either party, making affidavit of want of 
material evidence, setting forth w^iat the evidence 
is, that there has been no negligence on his part, 
and that he expects to obtain the evidence by the 
time stated by him. 

Contract. 

A contract is an agreemen between two or more 
persons, upon sufficient consideration, to do or not 
to do, a particular thing. In its legal sense the 
word "contract" includes every description of 
agreement or obligation, whether written or verbal, 
Tvhereby one party becomes bound to arnother to 
do, or omit to do, a certain act. If under seal, it 
is called a specialty, or deed; if not under seal, 
an agreement by parol. All agreements, whether 
written or verbal, if not under seal, are called 
'''parol" agreements. 

A contract performed, so that there is nothing 
more to be done under it, is called an executed 
contract ; but if nothing has been done under it, 

-37- 



it is called an executory contract ; and if in part 
performed and in part not, it is then a contract 
partly executed, and in part executory. 

When the terms of a contract are openly stated, 
or put in writing, and signed by the parties, it is 
called an express contract ; as, to deliver a stated 
quantity of anything, or to pay a stated price for 
certain goods, or^-the like. 

An implied contract is where justice and hon- 
esty require payment for some value or service 
rendered, although nothing but the value and 
service be proved ; as if a man works for another, 
the law implies a promise to pay him what he 
deserves for his labor. 

To be binding, every contract must be made 
between parties having sufficient age and under- 
standing, and the exercise of their free will at the 
time of making it. (See Consideration). 

Conveyance. 

Deeds, mortgages, and other instruments, for 
the conveyance of any land, tenement, or heredit- 
ament, must be signed by the grantor or grantors, 
maker or makers, in the presence of two witnesses, 
who must attest such signing, and subscribe their 
names to such attestation ; and such signing must 
also be acknowledged by such grantor or grantors, 
maker or makers, before a judge of a court of 
record, or a clerk thereof, a county surveyor a 
justice of the peace, notary public, mayor, or 

-38- 



other presiding officer of a municipal corpora- 
tion; who must certify such acknowledgment on 
the same sheet on which sucli deed, mortgage, or 
other instruinent of writing may be printed or 
written^ and must subscribe his name to such cer- 
tificate. All powers of attorney to sell, convey, 
or mortgage any real estate, must in like manner 
be signe attested, acknowledged, and certified, 
as in case of deeds, etc. 

I)eed>, mortgages, powers of attorney, and other 
instruments of writing, for tlie conveyance of 
land, etc., situated in this state, executed in any 
other state, territory, or countrv, in conformity 
with tlie laws of such state, or in conformity witli 
the laws of this state, will be as valid as if exe- 
cuted within this state, in conformity to law. 
Acknowledgment may also be made before a U. S. 
consul resident abroad, or a commissioner ap- 
pointed by tlie governor of this state. 

A power of attorney authorizing the execution 
of any deed, etc., must be recordeih previous to 
such deed of conveyance so authorized, in the of- 
fice of the comity recorder in which such lands, 
etc., are situated. 

Mortgages Avill take efiect from the time of 
record; and if two or more mortgages are pre- 
sented for record on the same day, they take efiect 
from the order of their presentation for record ; 
the first presented mus: be first recorded, and the 
first recorded will have preference. 



Deeds, etc., must be recorded within six months 
from the date thereof; if not so recorded, the 
same will be deemed fraudulent, so far as relates 
to any subsequent bona fide purchaser having, at 
the time of making the purchase, no knowledge 
of such former deed, etc. 

Commercial Paper. 

By commercial paper, is meant bills of ex- 
change, promissory notes, and bonds for the pay- 
ment of a sum of money certain, unconditionally, 
and to a third person, or order, or bearer, or as- 
signs. The person who makes the order is the 
drawer; the one upon whom it is drawn is the 
drawee; and the person to whom the money is 
directed to be paid is the payee. If the drawee 
accepts the bill, he is the acceptor. (See Bills 
and Notes). 

Corporations. 

Corporations may be formed in the manner pro- 
vided by statute lor any purpose for which indi- 
viduals may lawfully associate themselves; and 
if the organization is for profit, it must have 
a capital stock. 

Any number of persons, not less than five, a 
majority of whom are citizens of this state, desir- 
ing to be incorporated, shall subscribe and ac- 
knowledge, before any officer authorized to take 
acknowledgment of deeds, articles of incorpora- 

-40- 



tion, the form of which shall be prescribed by the 
secretary of state, which must contain : First. 
The name of the corporation, which shall begin 
with the word "The" and end with the word 
*^ Company," unless the organization is not for 
profit. Second. The place where it is to be lo- 
cated, or where its principal business is to be 
transacted. Third. The purpose for which it is 
formed. Fourth. The amount of its capital 
stock, if it is to have capital stock, and the num- 
ber of shares into which the stock is dis^ided. 
The articles must be filed in the office of the secre- 
tary of state ; whereupon the persons ^vho sub- 
scribed the same, their associates, successors and 
assigns, by the name and style provided therein, 
are deemed a body corporate, with succession, and 
power to sue and be sued, contract and be con- 
tracted with, acquire and convey real and per- 
sonal estate necesssary to effect the objects of the 
incorporation, to make and use a common seal, 
and do all needful acts to carry into effect the ob- 
jects for which it was created. 

Stockholders are liable, in addition to their 
stock, in an amount equal to the stock by them 
subscribed, or otherwise acquired, to the creditors 
of the corporation, to secure the payment of the 
debts and liabilities of the corporation. 



—41- 



Fees for Incorporating Are, 

For corporations not for profit, $2.00. Cor- 
porations for profit, where capital stock is for 
$10,000, or under, $10.00 ; over $10,000, one-tenth 
of one per cent. For increase of capital stocky 
where increase is $10,000, or under, $10.00 ; over 
$10,000, one-tenth of one per cent. Number of 
directors or trustees not to be less than five. 

Courts. 

Justices of the peace have general jurisdiction 
within their respective townships and counties, 
and exclusive original jurisdiction in their town- 
ship of any sum. not exceeding $100.00, and con- 
current jurisdiction with the Court of Common 
Pleas in any sum over $100.00 and not exceeding 
$300.00. 

Judgment may be confessed before a justice of 
the peace for a sum not exceeding $300.00. But 
a justice of the peace has not cognizance of action 
to recover damages for assault, malicious prosecu- 
tion, misconduct in ofiice, slander^ on contracts 
for real estate, or in which title to real estate is 
involved. In all cases not otherwise specially 
provided for by law, either party may appeal to 
the Court of Common Pleas. 

The Court of Common'Pleas has original juris- 
diction in all civil cases where the sum exceeds 
the exclusive jurisdiction of a justice of the peace,, 
and general appelate jurisdiction from all infer- 

-42- 



ior courts of the proper county. An appeal lies 
to the Circuit court if the right to a jury did not 
exist, and from interlocutory orders; and error 
lies from the Circuit court to the Supreme court. 

Costs. 

Where a justice of the ]3eace has jurisdiction 
of an action, and the same is brought in any other 
court, and the judgment is less than one hundred 
dollars, unless the recovery has been reduced be- 
low that sum by counter claim or set-ofF, eack 
party shall pay his own costs ; and in all actions 
for libel, slander, malicious prosecution, assault 
and battery, false imprisonment, criminal conver- 
sation or seduction, actions for nuisance, or 
against a justice of the peace for misconduct in 
office, when tlie damage assessed is under five dol- 
lars, the plaintiff shall not recover costs. 

When it is not otherwise provided by statute, 
costs shall be allowed, of course, to the plaintiff, 
upon a judgment in his favor, in actions for the 
recovery of money only, or for the recovery of 
specific real or personal property ; and to the de- 
fendant in like manner upon a judgment in his 
favor. (See Bills of Costs). 

Date. 

All written instruments should be dated, and 
especially commercial paper; but if bills of ex- 
change, notes, and bonds have no date, or an im-^ 

-43- 



possible date, upon proof of the time they issued 
or were made, they will be construed the same as 
if they were dated at that time. And a bill, note, 
bond, or other contract, is good and valid, though 
made on Sunday. (See Bills and Notes. Com- 
mercial Paper). 

Days of Grace. 

The rule is, that in order to charge the parties 
collaterally liable on a bill, bond, or note, present- 
ment for payment must be made on the exact day 
the instrument, according to its tenor, becomes 
payable, after allowing the days of grace, which 
are three, except on sight drafts, if payable at a 
fixed time (a day before or a day after will not 
suffice), and within a reasonable time, in case the 
■instrument is payable on demand. (See Bills and 
Notes). 

Demand- 

(See Days of Grace. Bills and Notes). 

Depositions. 

A deposition is a written declaration under oath, 
made upon notice to the adverse party. A depo- 
sition may be used : First. — When the witness 
does not reside in, or is absent from, the county 
where the action is pending. Second. — When the 
witness is dead, or, from age, infirmity, or impris- 
onment, is unable to attend court. Third. — When 

-44- 



the testimony is required upon a motion ; oral 
examination of the witness is not required. Judges 
and clerks of the Supreme, Circuit and Common 
Pleas courts, probate judge, justices of the peace, 
notary public, mayor, master commissioner, offi- 
cial stenographer of any Court of record, or any 
person empowered by a special commission, may 
take depositions. They may be taken out of the 
state before a judge, justice, or chancellor of any 
Court of record, a justice of the peace, notary 
public, mayor, or chief magistrate of any muni- 
cipal corporation, a commissioner appointed by 
the governor of this state to take depositions, or 
any person authorized by a special commission 
from this state. A relative or attorney of either 
party, or one interested in the event of the action, 
cannot take a deposition. 

Descent and Distribution. 

When a person dies intestate, having title or 
right to any real estate or inheritance in this 
state, which came to such intestate by descent, 
devise, or deed of gift from an ancestor, 
such estate descends and passes in parcenary 
to his or her kindred in the following course: 
First. — To the children of such intestate, or their 
legal representatives. Second. — If there are no 
children or their legal representatives living, the 
estate passes to and vests in the husband or wife, 
relict of such intestate during his or her natural 

-45- 



life. Third. — If such intestate leave no husband 
or wife, relict of himself or herself, or at the death 
of such lelict, the estate passes to and vests in the 
brothers and sisters of the intestate who are of 
the blood of the ancestor from whom the estate 
came, or their legal representatives, whether such 
brother and sistersbe of the whole or half blood 
of the intestate. Eoui'th.— If there are no brothers 
or sisters of the intestate of the blood of the an- 
cestor from whom the estate came, or their legal 
representatives, and the estate came bv deed of 
gift from an ancestor who is living, the estate 
shall ascend to such ancestor. Fifth. — If the an- 
cestor from whom tlie estate came is deceased, the 
estate shall pass to and vest in the children of 
such ancestor, or their legal representatives ; if 
there are no children of the ancestor from whom 
the estate came, or their legal representatives, the 
estate shall pass to and vest in the husband or 
wife, relict of sucli ancestor, if a parent of the 
decedent, during the life of such relict; and on 
the death of such husband or wife, or if there is 
nonsuch husband or wife, the estate shall pass to 
and vest in the brothers and sisters of such an- 
cestors, or their legal representatives; and for 
want of such brothers and sisters, or their legal 
representatives, to the brothers and sisters of the 
half blood of the intestate, or their legal repre- 
sentatives, though such brotliers and sisters are 
not of the blood of the ancestor from whom the 



estate came. Sixth. — If there he no such lialf 
hrothers and sisters of the intestate, or their legal 
representatives, the estate shall pass to the next of 
kin to the intestate of the hlood of the ancestor 
from whom the estate came, or their legal repre- 
sentatives. 

If the estate came not hy descent, devise, or 
deed of gift, it shall descend and pass as follows: 
Pirst. — To the children of the intestate and their 
legal representatives. Second. — If there are no 
children or their legal representatives, the estate 
shall pass to and be vested in the husband or 
wife, relict of such intestate. Third. — If such in- 
testate leaves no husband or wife, relict of him- 
self or herself, the estate shall pass to the brothers 
and sisters of the intestate of the whole blood, 
and their legal representatives. Fourth. — If there 
are no brothers or sisters of the intestate of the 
whole blood, or their legal representatives, the 
estate shall pass to the brothers and sisters of the 
half blood, and their legal representatives. Fifth. 
— If there are no brothers or sisters of the intestate 
of the half blood, or their legal representatives, 
the estate shall ascend to the father ; if the father 
is dead, then to the mother. Sixth— .If the father 
and mother are dead, then ths estate shall pass to 
the next of kin, and their legal "representatives, 
to and of the blood of the intestate. 

"When a person dies intestate and leaves any 

-47- 



personal property, the same shall be distributed 
in the manner prescribed as to real property 
which came not by descent, devise, or deed of gift 
from any ancestor ; saving, however, such right as 
any widow or widower may have to any portion 
of such personal property. If there be no person 
living to inherit the same, such personal property 
shall pass to and be vested in the state. 

When a person dies intestate and leaves no 
children, or their legal representatives, the widow 
or widower shall be entitled, as next of kin, to all 
the personal property which is subject to the dis- 
tribution upon settlement of the estate but if 
the intestate leaves any children, or their legal re- 
presentatives, the widow or widower shall be en- 
titled to one-half of the first four hundred dol- 
lars and to one-third of the remainder of the 
personal property subject to distribution. 

Divorce. 

Courts of Common Pleas may grant divorces 
for the following causes: First. — That either 
party had a husband or wife living at the time of 
the marriage from which the divorce is sought. 
Second. — Willful absence of either party from 
the other for three years. Third. — Adultery. 
Fourth. — Impotency. Fifth. — Extreme cruelty. 
Sixth. — Fraudulent contract. Seventh. — Any 
gross neglect of duty. Eighth. — Habitual drunk- 
enness for three years. Ninth. — The imprison- 

-48- 



ment of either party in a penitentiary under 
sentence thereto ; but the petition for divorce un- 
der this clause shall be filed during the imprison- 
ment of the adverse party. Tenth. — The pro- 
curement of a divorce, without this state, by a 
husband or wife, by virtue of which the party who 
procured it is released from the obligations of the 
marriage, while the same remain binding on the 
other party. 

The plaintiff, except in an action for alimony 
alone, shall have been a resident of the state at 
least one year before filing the petition ; all actions 
for divorce, or alimony, shall be brought in the 
county where the plaintiff has a bona fide resi- 
dence at the time of filing the petition, or in the 
county where the cause of action arose ; and the 
court shall hear and determine the same, whether 
the marriage took place, or the cause of divorce 
occurred, within or without this state. 

'VMien a wife files her petition for a divorce, or 
for alimony, the evidence of her husband shall 
not be so construed as to preclude her from the 
provision of the statute. 

When the defendant is a resident of the state, 
summons and copy of the petition must be served 
on the defendant, by the sheriff of the county in 
which he or she resides, or is found, at least six 
weeks before the hearing of the case. When the 
defendant is not a resident of the state, or his 

—49— 



residence is not known, notice of the pendency of 
the action must be given by publication, as in 
other cases; and unless it is made to appear to 
the court, by affidavit or otherwise, that his resi- 
dence is unknown to the plaintiff, a summons, and 
a copy of the petition, shall forthwith, on the 
filing of the petition, be deposited in the post- 
office, directed to the defendant at his place of 
residence. 

Dormant Judgment 

If execution on a judgment rendered in any 
court of record in this state, or a transcript of 
which has been filed, be not sued out within five 
years from the date of the judgment, or if five 
years intervene between the date of the last exe- 
cution issued on such judgment and the time of 
suing out another execution thereon, such judg- 
ment shall become dormant, and shall cease to 
operate as a lien on the estate of the judgment 
debtor. 

An action to revive a judgment can only be 
brought within twenty-one years from the time it 
became dormant, unless the party entitled to bring 
such action was, at the time the judgment became 
dormant, within the age of minority, of unsound 
mind or imprisoned, in which cases the action 
ma be brought within fifteen years after such 
disability is removed. 

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Dormant Partner. 

The onlv way in which a partner can limit his 
personal responsibility is by an express stipulation 
to that effect, made with the party with whom the 
firm contracts the debt, or by entering into a lim- 
ited partnership as authorized by statute, to wit: 

Limited partnerships, for the transaction of 
mercantile, mechanical, manufacturing or mining 
business within this state, may be formed by two or 
more persons, upon the terms, and subject to the 
conditions and liabilities prescribed by statute, as 
follows : 

Such partnerships may consist of one or more 
persons, who shall be called general partners, who 
shall be jointly and severally responsible as gen- 
eral partners are by law, and one or more persons 
who shall contribute, in actual cash payments, a 
specific sum, as capital, to the common stock, who 
shall be called special partners, and who shall not 
be liable for the partnership debts, except in the 
case hereinafter mentioned, (change of partners, 
fraud, etc.) ; but the capital invested by such 
special partner shall be held liable for all the 
debts of such firm. 

Driving. 

Municipal Corporations are empowered to pro- 
vide by ordinance, and enforce the same, to prevent 
and punish fast driving or riding of animals,or fast 

-51- 



driving or propelling of vehicles througli the pub- 
lic highways. 

Also statute penalty for fast driving over toll 
bridge across the Ohio Eiver, or toll or free county 
oridge, drawing or driving a vehicle on railroad 
track ; or riding or driving into a railroad in- 
closure ; and for riding or driving any horse or 
other animal on any sidewalk. 

Embezzlement, Fraudulent Conversion — 
Penalty. 

An officer, attorney-at-law, agent, clerk, guard- 
ian, executor, administrator, trustee, assignee in 
insolvency, servant or employee of any person, 
except apprentices and persons under age of eigh- 
teen years, who emmbezles or converts to his own 
use, or fraudulently takes or makes away with, or 
secretes with intent to embezzle or convert to his 
own use anything of value w^hich shall come into 
his possession by virtue of his emloyment or ap- 
pointment as such officer, attorney-at-law, agent^ 
clerk, guardian, executor, administrator, trustee^ 
assignee in insolvency servant or employee ; and 
an officer elected or appointed to an office of pub- 
lic trust or profit in this state, and an agent, clerk, 
servant or employee of such officer or of a board 
of such officers, who embezzles or converts to his 
own use, or conceals with such intent, anything of 
value that shall come into his possession by virtue 

-52- 



of [tis] office, or employment, is guilty of embezzle- 
ment, and shall be punished as for the larceny of 
the thing embezzled. 

Evidence. 

All persons are competent witnesses, except those 
of unsound mind, and children under ten years 
of age, who appear incapable of receiving just 
impressions of the facts and transactions respect- 
ing which they are examined, or of relating them 
truly. 

The following persons cannot testify in certain 
respects ; 

First. — An attorney, concerning a communica- 
tion made to him by his client in that rela- 
tion, or his advice to his client ; or a physician, 
concerning a communication made to him by his 
patient in that relation, or his advice to his patient ; 
but the attorney or physician may testify by express 
consent of the client or patient ; and if the client 
or patient voluntarily testify, the attorney or 
physician may be compelled to testify on the same 
subject. 

Second. — A clergyman or priest, concerning 
a confession made to him in his professional 
character, in the course of discipline enjoined by 
the church to which he belongs. 

Third. — Husband or wife, concerning any com- 
munication made by one to the other, or 
any act done by either in the presence of the 

-53- 



other, during coverture, unless the communi- 
cation was made, or act done, in the known 
presence or hearing of a third person competent to 
be a witness ; and the rule shall be the same if the 
marital relation has ceased to exist. 

Fourth. — A person who assigns his claim or 
interest, concerning any matter in respect to which 
he would not, if a party, be permitted to testify. 

A party cannot testify where the adverse party 
is the guardian or trustee of either a deaf and 
dumb or an insane person, or of a child of a de- 
ceased person, or is an executor or administrator, 
or claims or defends an heir, grantee, assignee, de- 
visee, or legatee of a deceased person, except: 

First. — As to facts which occurred subsequent to 
the appointment of the guardian, or trustee, etc., 
and, in other cases subsequent to the time the 
decedent, etc., died. 

Second. — When an agent ot a deceased person 
is competent to testify as a witness concerning a 
contract made by him as such agent, a party may 
testify on the same subject. 

Third.— A party, or one having a direct in- 
terest, testifying to transactions or conversations 
with another party, the latter may testify as to 
the same transactions or conversations. 

Fourth. — If a party offers evidence of conversa- 
tions or admissions of the opposite party, the lat- 

-54- 



ter may testify concerning the same conversations 
or admissions. 

Fifth. — In an action or proceeding by or 
against a partner or joint contractor, the ad- 
verse party shall not testify to transactions with, 
or admissions by, a partner or joint contractor, 
since deceased, unless the same were made in the 
presence of the surviving partner or joint con- 
tractor; and this rule shall be applied without 
regard to the character in which the parties sue 
or are sued. 

Sixth. — If the claim or defense is founded on 
a book account, a party may testify that th^ 
book is his account book, that it is a book 
of original entries; that the entries therein 
were made by himself, a person since deceased, or 
a disinterested person, non-resident of the county. 
Whereupon the book shall be competent evidence, 
and such book may be admitted in evidence in 
any case, without regard to the parties, upon like 
proof by any competent witness. 

Seventh. — If a party, after testifying orally, 
die, the evidence may be proved by either party 
on a further trial of the case, whereupon the 
opposite party may testify to the same matters. 

Eighth. — If a party die, and his deposition be 
offered in evidence, the opposite party may testify 
as to all competent matters therein. 

-55- 



Bat nothing herein shall apply to actions for 
causing death, or actions or proceedings involving 
the validity of a deed, will, or codicil ; and when 
a case is plainly within the reason and spirit of 
the last three paragraphs, though not within the 
strict letter, their principles shall be applied. The 
opposite party may be compelled to testify, as any 
other witness may be compelled. 

Execution, Three Kinds. 

First. — Against the property of the judgment 
debtor. 

Second. — Against the person of the judgment 
debtor. 

Third. — For the delivery of the possession of 
real property, and to make the damages and costs 
for witholding the same. 

Lands and tenements, and goods and chattels, 
not exempt by law, subject to levy and sale. 
Goods and chattels must be first levied upon. If 
" no goods,'' then upon the lands. Officer must 
give ten days notice of sale of chattels, except 
when court, on good cause shown, on application 
of either party and due notice to adverse party, 
orders a private sale, with restrictions. Alias exe- 
cution may issue for sale of any unsold goods. 
Sales must be at public auction. Alias executions 
may issue and levies be made until judgment is 
satisfied. When a levy is made upon lands, an 

-56- 



appraisal thereof by three disinterested freehold- 
-ers, residents of county where land is situated, 
sworn to make an impartial appraisal, upon 
actual views of the property, of its real value in 
money. Thirty days notice by publication in a 
newspaper, etc., required for the sale of lands, and 
cannot be sold for less than two-thirds the ap- 
praised value. Land sales must be confirmed by 
the court, who thereupon orders a deed made to 
the purchaser. 

Executions may be directed to the sheriff of 
any county. Stay of execution on judgments ren- 
dered by justice of the peace may be obtained 
upon good and sufficient bail, as follows : On a 
judgment for $5.00 and under, sixty days. For 
$5.00 and under $20.00, ninety days. On $20.00 
and under $50.00, one hundred and fifty days. On 
$50.00 and upwards, two hundred and forty days. 
(See Exemption. Stay Bond). 

Exemption. 

Every unmarried woman may hold exempt 
from execution, attachment, or sale : 

First. — Wearing apparel, to be selected by her, 
not exceedimg in value $100.00. 

Second. — One sewing machine. 

Third. — One knitting machine. 

Fourth.^ — A bible, hymn book, psalm book, and 
other books not exceeding $25.00 in value. 

-57- 



Eeneficiarj funds, and the regalia, records and 
journals of benevolent societies, are exempt. 

Everj person who has a family, and every 
widow, may hold exempt, etc.: 

First. — The wearing apparel, beds, bedsteads, 
and bedding, necessary for the same ; one cooking 
stove and pipe, and one other stove, and fuel suf- 
ficient for sixty^ days, provided for the use of such 
family. 

Second. — Also one cow, or equivalent in furni- 
ture, if no cow, not exceeding $35.00 in value; 
two swine, or the pork therefrom, or if no swine, 
household furniture, not exceeding $15.00; six 
sheep, the wool shorn from them, or the cloth 
made therefrom, or in lieu thereof, household fur- 
niture, not exceeding $15.00 ; and food for such 
animals, sufficient for sixty days. 

Third. — Bibles, schoolbooksand family pictures. 

Fourth. — Provisions not exceeding $50.00 in 
value; articles of household and kitchen furni- 
ture, to be selected by the debtor, not exceeding 
$50.00 in value. 

Fifth. — One sewing and knitting machine, tools 
and implements of trade, not exceeding $100.00 in 
value. 

Sixth — The personal earnings of the debtor, 
or minor children, for three months, when 
claimed by affidavit of the debtor that such earn- 
ings are necessary to the support of the family. 

-58- 



Special exemption is made to every drayman, 
the Lead of a family, of his horse, harness and 
dray. To the head of a family engaged in agri- 
culture, one horse, and one yoke of cattle, gear- 
ing for the same, and one wagon ; and every head 
of a family practicing medicine, one horse, saddle 
and bridle; and books, medicines and instru- 
ments, of his profession, not exceeding §100.00. 

Husband and wife living together, a widow or 
a widower living with an unmarried daughter oi 
unmarried minor son, may hold exempt, etc., a 
family homestead not exceeding 81,000.00 in 
value. But neither can make such demand if the 
other has a homestead. 

A single man, not actually supporting members 
of his family has no exemptions. 

Exempt Ixsurance Moxey — AVhen husband 
insures his life for the benefit of his wife and 
children, there is exempt from execution or 
claims of creditors, so much thereof as an annual 
premium of SloO.OO will pay for. All pension 
money is absolutely exempt from execution or 
attachment. 

Express and Implied Contracts. 

(See Contracts.) 

False Pretense. 

Buying, receiving or concealing property ob- 
tained by ; Penalty. — Whoever buys, receives or 

-59- 



conceals anything of value wliicli has been stolen, 
taken by robbers, embezzled, or obtained by false 
pretense, knowing the same to have been stolen, 
taken by robbers, embezzled, or obtained by false 
pretense, shall be deemed guilty of larceny and 
punished accordingly. 

Forcible Entry and Detention. 

Justices of the Peace, within their proper 
county, have jurisdiction to inquire against those 
who make unlawful and forcible entry into lands 
and tenements, and detain the same, and against 
those who, having a lawful and peaceable entry 
into the same, unlawfully and by force hold them ; 
and if it be found upon such inquiry that such 
entry or detention be the fact, to cause the com- 
plaining partv to have restitution. Limitation 
of action, two years from time the cause accrued. 

This proceeding is applicable in cases of tenants 
holding over their terms ; sales of real estate, on 
execution, or other judicial process, when the 
judgment debtor was in possession when judgment 
was rendered ; in sales by executors, etc. ; 
and on partition, when any of the parties to the 
petition were in possession at the commencement 
of the suit ; and in cases where the defendant is a 
settler, or occupier of lands or tenements, without 
color of title. 

A jury may be demanded by either party, and 
exceptions may be taken, and error lies to the 

-60- 



Court of Common Pleas. If proceedings in error 
are not taken the officer shall, within ten days 
after receiving the writ, execute the same by re- 
storing the plaintiff to the possession of the prem- 
ises, and levy and collect the costs and make 
return. 

Forgery. 

(Forging or Altering Note, Bond, Lease, Will, 
Bank Bill, or Note, etc. ; Uttering or publishing 
same.) Whoever falsely makes, alters, forges, 
counterfeits, prints, or photographs any record, or 
other authentic matter of a public nature, or any 
license or certificate authorized by the laws of this 
State, or any charter, letters patent, deed, lease, 
writing, obligatory, will, testament, annuity, bond, 
covenant, bank bill or note, check, bill of ex- 
change, contract, or promissory note for the pay- 
ment of money or other property, or any accept- 
ance of a bill of exchange, or the number of any 
principal sum of any accountable receipt for any 
note, or any order, warrant, or request for the 
payment of money or the delivery of goods or 
chattels of any kind, or any acquittance or receipt 
either for money or goods, or any acquittance, re- 
lease, or discharge of any debt account, action, 
suit, demand, or other thing, real or personal, or 
or any plat, draft, or survey of land, or transfer 
of assurance of money, stock, goods, chattels, or 
other property whatever, or any letter of attorney, 

-61- 



or any power to receive money, or to receive and 
transfer stock or annuities, or to let, lease, dispose 
of, alien or convey any goods or chattels, lands or 
tenements, or other estate, real or personal, or any 
bill, order, or warrant drawn by any Auditor for 
the payment of money at any public treasury, 
with intent to defraud ; or utters or publishes as 
true and genuine any such false, altered, forged, 
counterfeited, falsely printed, or photograph mat- 
ter, knowing the same to be false, altered, forged, 
counterfeited, falsely printed, or photographed, 
with intent to defraud, is guilty of forgery, and 
shall be imprisoned in the penitentiary not more 
than twenty years nor less than One year. 

Frauds and Fraudulent Representations, 

Fraud in law for which an action may be pre- 
dicted, is based upon a falsehood, perpetrated in 
bad faith, knowing the same to be untrue, and by 
which undue advantage is obtained by the guilty 
party. 

An assertion made in good faith, which ulti- 
mately is found to be untrue, is not in general 
actionable, although another has been deceived 
and injured thereby. 

Fraud consists of the intention to deceive, and 
must be in regard to something in which one 
party places trust and confidence in another, and 
where a confidential relation exists between the 
parties. The one complaining must have been 

-62- 



misled, otherwise he cannot, if he knew at the 
time the statement was false, have been influ- 
enced in his conduct by it. The falsehood must 
have induced the act, or omission of the party 
deceived, and who must have been damaged 
thereby. 

The statutes attach a penalty for a large number 
of specific frauds, such as selling by false brand 
or labels; fictitious bills ot lading; frauds in but- 
ter, cheese, and milk ; adulteration of domestic 
wines ; frauds in foods and drugs ; selling land 
without title ; sending letters to fraudulently ob- 
tain money; to prevent frauds in markets; selling 
by false weights, etc., etc. 

Frauds of Owners on Consignees. 

A person in whose name any property has been' 
shipped or delivered to any warehouse-keeper or 
other factor or agent, to be shipped, who receives 
from the consignee thereof any advancemeni 
thereon of money, or any negotiable security, and 
who with intent to defrauil, and without the con- 
sent of such consignee, disposes of such property, 
in any other way than as he agreed with such 
consignee, at the time of such advancement, shall 
be imprisoned in the penitentiary not more than 
three years or less than one year. 

Fraud. 

Fraud vitiates all contracts. Wherever goods 
are sold or obtained upon fraudulent statements, 

-63- 



the same may be replevined by the vendors, and 
contracts of sale rescinded. Goods purchased by 
a vendee without false statements, by a person 
who intends not to pay for them, renders sale 
voidable, such is the case if the vendee has no 
reasonable expectations of being able to pay, it 
being held equivalent to an intention not to pay, 
though not fraudulent, if vendee had reasonable 
expectation of being able to pay. It has been 
held by the Iowa Supreme court that the vendee 
is estopped from denying statements made to the 
agent of a mercantile agency. 

Frauds and Perjurys, Statute of. 

All deeds of gifts and conveyances of goods 
and chattels, made in trust to the use of the 
person or persons making the same, shall be, 
and hereby are declared to be void and of 
no effect. Every gift, grant, or conveyance of 
lands, tenements, hereditaments, rents, goods, or 
chattels, and every bond, judgment or execution, 
made or obtained with intent to defraud credit- 
ors of their just and lawful debts or damages, or. 
to defraud or to deceive the person or persons 
purchasing such lands, tenements, hereditaments, 
rents, goods or chattels, shall be deemed utterly 
void and of no effect. No lease, estate or interest, 
either of freehold or term of years, or any uncer- 
tain interest, of, in, or out of lands, tenements 
or hereditaments, shall be assigned, or granted, 

-64- 



except by deed, or note in writing, signed by the 
party so assigning or granting the same, or his 
agent thereunto lawfully authorized, by writing, 
or by act and operation of law. No action shall 
be brought whereby to charge the defendant, upon 
any special promise, to answer for the debt, de- 
fault or miscarriage, of another person; nor to 
charge any executor or administrator upon any 
special promise, to answer damages out of his own 
estate ; nor to charge any person upon any agree- 
ment made upon consideration of marriage, nor 
upon any contract or sale of lands, tenements, or 
hereditaments, or any interest in, or concerning 
them ; nor upon any agreement that is not to be 
performed within the space of one year from the 
making thereof ; unless the agreement upon which 
such action is brought, or some memorandum or 
note thereof, is in writing, and signed by the party 
to be charged therewith, or some other person there- 
unto bv him or her lawfully authorized. 

Garnishee. 

One having in his possession goods and chattels 
of another, the defendant in an attachment, or 
who is indebted to him, is called the garnishee. 
The statute provides a process by which such 
propertv, or indebtedness may be reached, i See 
Attachment, Affidavit.) 

If upon answer of the garnishee it appears that 
he was possessed of property or was indebted to 

-6.5- 



the defendant, the court may order the delivery 
of such property, and the payment of the amount 
owing into court, or permit the garnishee to re- 
tain the same, upon giving bond, with surety, that 
the same shall be forthcoming, as the court may 
order. 

In like proceedings before a justice of the peace, 
the constable may take like bond, or upon answer 
of indebtedness, may pay the money into court, 
and be discharged and allowed his costs. If the 
garnishee fail to appear and answer, he is answer- 
able as for contempt of court, and liable to an 
action in favor of the plaintiff. 

When Property and Garnishee Bound. — An 
order of attachment shall bind the property at- 
tached from the time of service ; and the garnishee 
shall stand liable to the plaintiff in attachment for 
all property of the defendant in his hands, and 
money and credits due from him to the defendant 
from the time he is served with written notice in an 
order of attachment ; but when property is attached 
in the hands of a consignee, his lien thereon shall 
not be effected by the attachment. 

Grace. 

What Instruments Entitled to Grace. — 
Bonds, notes, bills and checks, payable at a day cer- 
tain after date, or after sight, shall be entitled to 
three days grace in time of payment ; excepting, 
however, that all checks, bills of exchamge, or 



drafts, appearing on their face to have been drawn 
on any bank, banker, broker, exchange broker, or 
banking company, and payable on a specific day, 
or in any number of days after the day of sight or 
date thereof, shall be deemed due and payable on 
the day mentioned for the payment of the same, 
without days of grace being allowed thereon, and 
it shall not be necessary to protest the same for 
non-acceptance, nor to give notice of non-accept- 
ance to the drawer or indorser. 

"Guarantor and Guarantee. 

(See Bills and Notes.) 

Husband and Wife. 

Husband and wife contract towards each other 
obligations of mutual respect, fidelity, and support. 
The husband is the head of the family. He may 
choose any reasonable place or mode of living, 
and the wife must conform thereto. The husband 
must support himself, his wife, and his minor 
children out of his property or by his labor. If 
he is unable to do so, the wife must assist him 
so far as she is able. 

Neither husband nor wife has any interest 
in the property of the other, except as to wife's 
support above mentioned (but neither can be 
excluded from the other's dwelling), and the 
provision for the endowment of widow or 
widower, which is that a widow or widower who 
has not relinquished or been barred of the same, 



shall be endowed of an estate for life in one-third 
of all the real property of which the deceased con- 
sort was seized as an estate of inheritance at any 
time during the marriage, and one-third of all the 
real property of which the deceased consort, at 
decease, held the fee simple in reversion or re- 
mainder; and also in one-third of all the title 
and interest the deceased consort had, at decease, 
in any real property held by article, bond, or other 
evidence of claim ; and the widow or widower 
may remain in the mansion house of the deceased 
consort free of charge, for one year, if dower is 
not sooner assigned; but dower shall not be as- 
signed to any widow or widower in any real prop- 
erty of which the deceased consort, at. decease, 
held the fee simple in reversion or remainder, 
until the termination of the prior estate. A 
husband or wife may enter into any engagement 
or transaction with the other, or any other person, 
which either might, if married, subject, in trans- 
ictions between themselves, to the general rule 
which controls the actions of persons occupying 
confidential relations with each other. They can- 
not, by any contract with each other, alter their 
legal relations, except that they may agree to an 
immediate separation, and may make provision 
for the support of either of them and their chil- 
dren during the separation. A married person 
may take, hold, and dispose of property, real or 
personal, the same as if unmarried. Neither hus- 



band or wife, as such, is answerable for the acts of 
the other, so if the husband neglects to make ade- 
quate provision for the support of his wife, any 
other person may, in good faith, supply her with 
the necessaries for her support, and recover the 
reasonable value thereof from the husband; but 
if the wife abandons the husband, he is not liable 
for her support until she offers to return, unless 
she was justified, by his misconduct, in abandon- 
ing him. When a divorce is granted by reason 
of the aggression of the husband, the wife shall, 
by force of the judgment of divorce, be restored 
to all her lands, tenements, hereditaments, not 
previously disposed of, and, if she so desire, the 
court shall restore to her the name she had before 
such marriage; she shall be allowed such alimony 
out of her husband's real and personal property 
as the court deems reasonable, having due regard 
to the property which came to him by marriage, 
and the value of his real and personal estate at 
the time of the divorce, which alimony may be 
allowed to her in real or personal property, or 
both, or by decreeing to her such sum of money, 
payable, either in gross or installments, as the 
court deems just and equitable, and if the wife 
survive her husband, she shall also be entitled to 
her right of dower in the real estate of her hus- 
band not allowed to her as alimony, of which he 
was $iezed at any time during coverture, and to 
which she had not relinquished her right of dower. 
-69- 



When the divorce is granted by reason of th« ag- 
gression of the wife, she shall be barred of all 
right of dower in the lands of which her husband 
is siezed at the time of filing the petition for di- 
vorce, or which he thereafter acquires, whether 
there is issue or not; and the effect of the judg- 
ment of divorce shall be to restore to her the 
whole of her lands, tenements, and hereditaments 
not previously disposed of, and the court shall ad- 
judge to her such share of her husband's real or 
personal property, or both, as it deems jusf and 
reasonable. 

Hotels. 

All persons within the jurisdiction of the State 
are entitled to full and equal enjoyment of the ac- 
commodation, advantages, facilities and privileges 
of inns, restaurants, eating-houses, barber shops, 
public conveyances on land and water, theatres, 
and all other places of public accommodation and 
amusement, subject only to the conditions and 
limitations established by law and applicable to 
all citizens. Inn-keepers who keep a suitable iron 
safe or vault, in good order, and fit for the safe 
custody of money and other articles of value, and 
who keep on the doors of the sleeping rooms used 
by their guests, suitable locks and bolts, and on the 
transoms and windows of the rooms suitable 
fastenings, and who keep a copy of the law (Sec. 
4427, E. S.) printed by itself, in large, plain Eng- 

-70- 



li.>^h type, and framed, constantly and conspicu- 
ously suspended in the office, bar-room, saloon, 
reading, sitting and parlor rooms of their inn, and 
also a copy printed by itself in ordinary sized, 
plain English type, posted upon the inside of the 
entrance door of every ]3iiblic sleeping room of 
their inn, shall not be liable for the loss of such 
articles suffered by any guest, unless the articles 
have been offered by the guest to the inn-keeper to 
be so deposited, and the inn-keeper has refused or 
omitted to take them and deposit them into such 
safe or vault for custody, and to give the guest a 
receipt therefor ; that every inn-keeper is liable for 
any loss of articles by a guest in his inn, caused by 
the theft or negligence of the inn-keeper or any of 
his servants. 

Hotel keepers are required by law to provide 
suitable and convenient exits, by means of fire 
escapes or otherwise, from the different upper 
storeys of their hotels or inns that are more than 
two storeys high ; and where travelers or boarders 
are lodged above the second storey of the build- 
ing, to provide a good rope or other life-line for 
each sleeping room. 

A keeper of a tavern or other house of public 
resort, who suffers any game whatever, for a wager, 
to be played at or within such tavern or other 
house of public resort, or in any out-house, build- 
ing or erection appendant thereto, shall be fined 
not more than $200.00, nor less than $50.00. 

-71- 



An inn-keeper entrusted by his guest with any- 
thing of value for safe-keeping, and who embezzles 
or fraudulently converts the same to his own use, 
is guilty of embezzlement and shall be punished 
accordingly. 

By law, hotel saloons must be kept closed on 
Sunday. 

Any person who shall obtain food, lodging or 
other accommodation at any hotel, inn, boarding 
or eating-house, with intent to defraud the owner 
or keeper thereof, shall be fined not exceeding 
$200.00, or imprisoned in the county jail or city 
workhouse not exceeding three months or both. 
E-ef usal or neglect to pay for such food, lodging or 
other accommodation on demand is considered 
prima facie proof of the fraudulent intent. This 
law, however, does not apply to regular boarders, 
nor where there has been an agreement for a delay 
in payment. It is the duty of every hotel, inn, 
or boarding-house keeper within this State to keep 
a copy of the law upon the inside entrance door 
of every public sleeping room and in the office 
and dining room. 

Illegal Considerations. 

(See Consideration. Contracts). 

The law will not enforce a contract based upon 
a consideration subversive of public morality, or 
aid in its execution, nor permit either party to be 
heard to avoid the fraudulent act, as where one 

-72- 



conveyed lands, etc., to defraud creditors; or a 
note given by an insolvent to a creditor not to ob- 
ject to his discharge in bankruptcy or under the 
insolvent debtors' act; or for gambling 'purposes; 
or for lobbying or electioneering to procure for 
another a public office ; and money ad vancedfor an 
illegal purpose cannot be recovered. 

Illegal Contracts. 

(See Contracts. Illegal Considerations). 

Ignorance. 

Ignorance of the law is not a valid plea in 
avoidance of a legal contract, though an onerous 
burden and personal hardship, or an excuse for 
not performing in a proper manner what one 
agrees to do. 

Implied Promise. 

(See Contracts). 

Inducements. 

A long line of judicial authorities have held 
that where one has made statements or declara- 
tions to induce others to act upon them, for the 
purpose of obtaining to himself some personal 
advantage, he cannot deny their truth, where a 
person, in good faith, has acted upon them. 

Insolvent Debtor. 

The efiect of a certificate of discharge of an in- 
solvent debtor, is a protection of such person for- 

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ever atter from arrest or imprisonment for any 
debt or demand, mentioned in the schedule of 
his debts, made in the insolvency proceedings; 
but not from arrest or imprisonment for any debt 
or demand for money or property received while 
acting in a fiduciary capacity. (See Assignment 
for Benefit of Creditors). 

Installments, How Interest to be Computed. 

The judicial rule is that on part payment of an 
interest bearing debt, before the debt is due, the 
amount paid is applied upon the principal, and the 
portion of interest which has accrued on the 
principal so extinguished, at the time of such 
payment. After a debt has become due, and a 
payment is made exceeding the interest due, in- 
terest is calculated on the debt up to the time of 
payment, and added to the principal, and the pay- 
ment subtracted from the sum total. In cases 
where the payment is less than the interest due, 
the surplus interest must not be added to the 
principal, but interest continues on the original 
principal as though no payment had been made 
until the time when the several payments, added 
together, are greater than the interest due, when 
the surplus of payments is applied toward can- 
celling the interest. On settlement of accounts, 
interest is allowed upon the ascertained balance ; 
but where there is no settlement, in computing in- 
terest, it is not allowable to make annual rests 

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and carry the interest as principal in the next 
statement. Where interest is payable annually, 
if not paid, simple interest thereon is allowed. 

Insurance, Fire. 

In fire insurance it is hest to only insure in 
stock companies. Under the laws of Ohio, where 
there is a total loss by fire, the company is bound 
to pay the full amount of insurance, even when 
the amount of insurance is greater than the loss ; 
while in a partial loss by fire, only the actual loss 
can be collected. 

Interest. 

The maximum rate of interest which parties 
may stipulate in a bond, bill, promissory note, or 
other instrument in writing, for the forbearance 
or payment of money at any future time, is eight 
per centum per annum, payable annually ; and 
judgments, decrees and orders rendered on such 
stipulations, bear the like interest so stipulated, 
until paid. In other cases, when no rate is stipu- 
lated, and upon book account, or settlement, and 
upon all verbal contracts, and judgments, and de- 
crees thereon, the creditor is allowed interest at 
the rate of six per cent, per annum, and no more. 

Usurious interest will be deemed, as to the ex- 
cess above the rate allowed by law, to be pay- 
ments on account of principal, and judgment will 
be for the balance, after deducting the excess of 
interest so paid ; and the debtor having paid, or 

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agreed to pay, such exorbitant interest may have 
remedy and relief. (See Installments, Etc.) 

Inventory. 

Sheriffs and constables are required to inventory 
and cause to be appraised, goods, etc., attached ; 
of property sold, and unsold. Executors and ad- 
ministrators, guardians and insolvent debtors, 
must, each respectively, make and return an in- 
ventory in conformity to the statute. 

Irregularity. 

Irregularity in the proceedings of the court, 
jury, referee, master, or prevailing party, or any 
order of the court or referee, or abuse of discre- 
tion, by which the party was prevented from hav- 
ing a fair trial, will entitle the aggrieved party to 
a new trial. And judgments, etc., of the Common 
Pleas, or Circuit court, may be vacated or modi- 
fied, after the term at which the same was made, 
for mistake, neglect, or omission of the clerk, or 
irregularity in obtaining a judgment or order by 
conforming to the necessary statutory require- 
ments as to time, manner, etc. 

Judgment. 

Judgments are generally taken either upon the 
merits of a case, by confession, by default of non- 
suit, and by dismissal of the action without preju- 
dice to a future action; and judgments for costs 
generally follow, as of course. 

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Appeals From Judgments. — (See Courts). 
Judgments of the Court of Common Pleas, and of 
justices of the peace, when transcript is filed in 
common pleas, are a lien upon the real estate of 
the judgment debtor within the county where the 
judgment is entered. Judgments become dormant 
if execution is not sued out within five years from 
date. 

All judgments obtained during term time of 
any same term of Court of Common Pleas, or 
within ten days thereafter, pro-rate on payment 
of same. Executions can be ordered immediately 
after judgment. 

Jurisdiction of Justices of the Peace. 

Generally limited to the township in which 
they were elected and reside, and in civil cases to 
not exceeding $300.00 in amount of debt or dam- 
ages ; and embraces contracts concerning personal 
property, and for injuries for the same. His 
jurisdiction extends throughout the county, for 
the following purposes : 

To administer oaths ; take acknowledgment of 
deeds ; to solemnize marriage ; to issue subpoenas 
for witnesses ; try actions for forcible entry, etc. ; 
issue attachments and executions, and try the 
right of property taken thereon when claimed by 
third party ; try cases of contested election in the 
absence of the probate judge, and actions against 
other justices, in certain cases, and also when the 



only justice, in a town, is interested, or related, 
and in cases of trespass to real or personal prop- 
erty. (See Courts). 

Over three hundred dollars, no jurisdiction. 
In replevin suits, where the appraisal shows prop- 
erty to be worth over three hundred dollars, 
justices must certify case to Common Pleas. 

Landlord and Tenant. 

The statute expressly provides that the lessee 
of any building, which, without any fault or 
neglect on his part, is destroyed, or so injured by 
the elements or other cause, as to be unfit for oc- 
cupancy, shall not be liable to pay rent, after such 
destruction or injury, unless otherwise expressly 
agreed in writing ; and thereupon shall surrender 
possession of the premises. The unlawful sale of 
intoxicating liquors works a forfeiture of the ten- 
ant under any lease or contract of rent of the 
premises. A verbal contract is binding on both 
parties, if the tenant took possession under it. 
The tenant only can sue for a trespass upon the 
leased land. Leases for more than three years 
must be witnessed, acknowledged, etc., same as 
deeds. Never lease property without a written 
lease. (See Forcible Entry and Detention). 

Lease. 

The terms of an express contract of lease fix 
the liability of the lessee or tenant for the entire 

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period, and if he ?issigns it he is not discharged of 
liability in an action for the rent. And the land- 
lord may elect to sue the lessee or assignee, or 
both, for the rent accruing after the assignment. 
Where there is a provision of forfeiture for 
non-payment of rent, the landlord may re-enter 
and take possession, upon proof of demand, 
when the rent becomes due. Such demand must 
be made on the premises, and of the exact sum 
due. The absence of the tenant will not excuse 
such demand, and it must be made just before sun- 
down on the day the rent falls due, stating the 
premises for which the demand is made, and the 
month or time for which the demand is claimed. 
A written or printed three days' legal notice must 
be served, at least, three days before action for 
possession can be commenced. Personal service 
of notice must be made on the tenant, when it 
can be done with reasonable search and inquiry. 
When tenant cannot be found by reasonable 
search and inquiry, the notice may be left at the 
usual place of residence of the tenant, but the 
plaintiff will have to prove the reasonable dili- 
gence of search and inquiry before notice was 
left at residence. (See Forcible Entry and De- 
tention). 

Letters. 

Letters sent by mail are presumed to have 
reached ther destination promptly, and been re- 

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ceived bj the person addressed, if living at the 
place where they usually receive letters. Letters 
of administration are generally conclusive evi- 
dence of the death of the person upon whose 
estate they are granted. (See Administration.) 
Contracts by letter between parties are binding. 

Licenses 

Are required to be obtained by auctioneers, for 
building, circuses, entertainments, hacks, junk 
dealers, menageries, pawnbrokers, peddlars, street 
cars, theatres, vehicles, for keeping gunpowder, 
hucksters, foreign insurance companies, marriage, 
and for several other trades, businesses and pro- 
fessions; all of which are liable to be revoked, 
and penalties are provided ior violations of 
license laws. 

Liens 

Upon Water Cratt, Buildings, Bridges, 
Etc. — In addition to judgment liens, a lien at- 
tachee in favor of common carriers, and ware- 
housemen, hotel-keepers, and liverymen, upon 
property of their patrons, lodgers, and boarders, 
transported, or for boarding, etc., the same being 
in their possession in such capacity ; and persons 
who perform labor, or furnish machinery or 
material, for constructing, altering, or repairing 
a boat, vessel, or other water craft, or for erecting, 
altering, repairing, or removing a house, mill, 
manufactory, or any furnace or furnace material 

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therein, or other building appurtenances, fixture, 
bridge, or other structure, or for digging, drilling^ 
or boring any gas well, oil well, or any other well, 
by virtue of a contract with the owner, or his 
authorized agent, shall have a lien to secure the 
payment of the same, upon such boat, vessel, or 
other water craft, or upon such house, mill, manu- 
factory, or other building, or appurtenance, fix- 
ture, bridge, or other structure, or upon such gas 
well, oil well, or any other well, and upon the 
material, and machinery so furnished, and upon 
the interest of the owner in the lot of [or] land 
on which the same may stand, or to which it may 
be removed. 

Lien 

Upon Mines For Labor. — Any person who 
performs labor in mining coal, or removing 
the same from the mines, or other manual labor 
connected therewith, for any coal or mining com- 
pany, owning, operating, or leasing coal mines 
within this State, by virtue of a contract with the 
owner, owners, or his or their authorized agent, 
shall have a lien to secure the payment for the same 
upon the mine or mines of such company, and 
upon all the rights of the company or corporation 
owning or leasing such mines, and upon all the 
personal property of any such company or cor- 
poration used in conducting their business of 

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mining coal, whether the same be located at or 
near the mines, or elsewhere. 

Leasehold. — Every building erected, or otner 
improvement made, or machinery or material fur- 
nished, on leased lots or lands, shall be held for 
debt contracted for or on account of same, and 
also the leasehold-term for such lot and land on 
which the same is erected or made ; and in case 
the lessee shall have forfeited his lease, the pur- 
chaser of the building and leasehold-term, or so 
much thereof as remains unexpired, shall be 
liable to the assignee of such leasehold-term, 
and as such, shall be entitled to pay to the lessor 
all arrears of rent, or other money, interests, and 
costs due under said lease, unless the lessor shall 
have regained possession of the leasehold land, or 
obtained judgment for the possession thereof, on 
account of the non-compliance, by the lessee, with 
the terms of the lease, in which case the pur- 
/ihaser of the improvements, under this act, shall 
have the right only to remove the improvements 
within sixty days after he shall purchase the same, 
and the owner of the ground shall receive the 
rent due him, payable out of the proceeds of the 
sale, according to the terms of the lease, down to 
the time of removing the building. 

Penalty For Wrongful Use of Material 
Purchased by Contractor. — Any contractor or 
sub-contractor who shall purchase materials on 

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credit, and represent, at tiie time of purchase, that 
the same are to be used in a designated building, 
or other improvement, and shall thereafter use, or 
cause to be used, the said materials, in the con- 
struction of any building or improvement other 
than that designated, without the written consent 
of the person of whom the material was pur- 
chased, with intent to defraud such person, shall 
be deemed guiltv of misdemeanor, and on con- 
viction, shall be punished hj sl fine not exceeding 
$500.00. 

Lien 

Upon Contiguous Lots or Separate Build- 
ings. — '\Yhen the improvement consists of two 
or more buildings united together, and situ- 
ated upon the same lot, or contiguous lots, or 
upon separate baildings upon contiguous lots, and 
directed under one general contract, it shall not 
be necessary to file a separate lien upon each 
building for the work done or material furnished 
in erection of such improvements. 

Action. — In all cases where a lien shall be filed, 
according to law, by any person other than a con- 
tractor, it shall be the duty of the contractor to 
defend any action brought thereupon at his own 
expense ; and during the pendency of such action, 
the owner may withhold from the contractor the 
amount of money for which such lien shall be 

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filed; and in case of judgment against tlie owner 
or his property, upon the lien, he shall be entitled 
to deduct, from anj amount due by him to the 
contractor, the amount of such judgment and 
costs, and if he shall have settled with the con- 
tractor in full, shall be entitled to recover back 
from the contractor, any amount so paid by the 
owner, for which the contractor was originally the 
party liable. 

Who is Owker or Proprietor. — Every per- 
son, including cestui que trusts, for whose immedi- 
ate use, enjoyment, or benefit, any building, erec- 
tion, or improvement shall be made, shall be in- 
cluded in the words, "owner" or "proprietor." 

Filing of Lien. — Such person, in order to ob- 
tain such lien, shall within four months from the 
time of performing such labor, or furnishing such 
machinery or material, file with the recorder of 
the county where the labor was performed, or the 
machinery or material furnished, an affidavit con- 
taining an itemized statement of the amount and 
value of such labor, machinery or material, and a 
description of any promissory note or notes given 
for such labor, machinery or material, or any part 
thereof, with all credits and off-sets thereon, a 
copy of the contract, if it is in writing, a state- 
ment of the amount and time of payment to be 
made thereunder, and a description of the land 
on which the gas well, oil well, or other wells are 

-84- 



situated, or the land on which the house, mill, 
manufactory, or other buildings or appurtenances, 
fixtures, bridge, or other structure may stand, or 
to which it may be removed ; and the same shall 
be recorded in a separate book to be kept therefor, 
and shall operate as a lien from the date of the 
first item of the labor performed, or the machinery 
or material furnished upon or towards the prop- 
erty designated as above, and the interest of the 
owner in the lot of land on which the same may 
stand, or to which it may be removed, for six 
years from and after the date of the filing of such 
attested statement. If an action be brought to 
enforce such lien within that time, the same 
shall continue in force until the final adjudica- 
tion thereof, and there shall be no homestead or 
other exemption against any such lien. 

Lien 

Of SuB-CoxTEACTOii Upon Payments Due 
Head-Coxtkactor, How Obtained; Filing of 
Statement of Account, Etc. — Any sub-con- 
tractor, material man, laborer or mechanic, who 
has performed labor, or furnished material, or 
machinery ; who is performing labor, or furnish- 
ing material or machinery, or who is about to per- 
form labor, or furnish material or machinery tor 
the construction, alteration, removal, or repairs of 
any property, appurtenance or structure, consist- 
ing of water craft, buildings, bridges, etc., or lor 

-85- 



the construction, improvement or repair of any 
turnpike, road improvement, or other public im- 
provement, provided for in a contract between the 
owner, or any board, or officer, and a principal 
contractor, and under a contract between such 
sub-contrator, material man, laborer or mechanic, 
and a principal contractor or sub-contractor, may 
at any time of beginning to perform such labor, 
or furnish such material or machinery, or at any 
time thereafter, not to exceed sixty days from the 
performance of such labor, or the delivery of such 
machinery or material, file with the owner, board 
or officer, or the authorized clerk or agent thereof, 
a sworn and itemized statement of the amount 
and value of such labor performed, and to be per- 
formed, material or machinery furnished, contain- 
ing a description of any promissory note or notes 
that may have been given by the principal con- 
tractor or sub-contractor on account of said labor 
machinery or material, or any part thereof, with 
all credits or off-sets thereon. 

Such Payments to Be Eetained on Ee- 
CEiPT OF Notice. — Upon receiving the notice, 
such owner, board or officer, or authorized clerk, 
agent or attorney thereof, shall detain in his hands 
all" subsequent payments from the principal or 
sub-contractor to secure such claims and estimates 
of other sub-contractors, material men, laborers, 
mechanics or persons furnishing materials to, or 



performing labor for any contractor or sub-con- 
tractor, who may intervene before the next subse- 
quent payment under the contract, or within ten 
days thereafter. 

When and How Sub-Contractor May Ob- 
tain Lien on the Property of the Owner — • 
Date of Lien. — If out of subsequent payments, 
as they severally fall due, under the contract, and 
for ten days thereafter, the owner or his author- 
ized agent refuse to pay, when due, the whole, or a 
pro-rata amount, as the case may be, of the sworn 
statement or estimate of any sub-contractor, ma- 
terial man, laborer, mechanic or person furnish- 
ing material, he shall, upon filing with the re- 
corder of the county wherein the property is situ- 
ate, an affidavit containing an itemized statement 
and description of any note with the amount and 
value of such labor, machinery, or material, with 
all credits and set-offs thereon, together with the 
statements of the amount and value of such labor, 
machinery, etc., and copy of contract, statement 
of amount, time of payment to be made thereun- 
der, and a description of the land on which the 
well is situated, or house, mill, manufactory, or 
other building, fixture, bridge, etc., may stand, as 
the case may be, from principal contractors, have 
a lien to secure the payment of such claim upon 
the boat, vessel, or other water craft, or upon the 
house, mill, manufactory, building, appurtenance. 



fixture, bridge, or other structure, or gas well, oil 
well, or other well upon which the labor was 
done, or machinery or materials furnished, and 
upon the interest of the owner in the lot of 
land on which the same stands, or to which it may 
be removed, which lien shall date back from the 
date of the furnishing of the first item of such 
labor, machinery or material, and have the same 
operation, efiect and duration, and be subject to the 
same obligations with respect to the owner, or his 
authorized agent, as the lien of a head contractor 
in similar cases. 

Limitation of Actions. 

Action for forcible entry, etc., on real property, 
must be brought within two years from the time 
when the cause accrued. Action upon a specialty, 
or agreement in writing, within fifteen years. On 
contract not in writing, within six years. When 
payment has been made upon any demand founded 
upon contract, or a written acknowledgment 
thereof, or promise to pay the same, has been 
made and signed by the party to be charged, an 
action may be brought thereon within the time 
herein limited, after such payment, acknowledg- 
ment or promise. For trespass upon real prop- 
erty ; and for detaining, or injury, and for the 
specific recovery of personal property, within four 
years. For the wrongful taking of personal prop- 
erty, the cause of action does not accrue until the 



discovery of the wrong-doer. For relief on the 
ground of fraud, cause of action does uot accrue 
until discovery of the fraud. Action upon a stat- 
ute for a penalty of forfeiture is limited to one 
year, unless a different limitation is prescribed. 
Assault, libel, slander, battery, false imprison- 
ment and malicious prosecution, one year. 

Mail. 

(vSee Postal Kules). 

Malicious Prosecution. 

Action for, abates bv death of either party. 
Plaintiff does not recover costs when the damages 
assessed are less than §5.00. Actions are limited 
to one year. Justice of the peace has no juris- 
diction. 

Married Women. 

(See Husband and Wife). 

Master and Servant. 

Generally, the master is liable to third persons 
for misfeasance, negligence and default of the 
servant, even though perpetrated without partici- 
pation or knowledge of the master, provided the 
want of duty arose in the line of his employment; 
but the master cannot be subject to exemplary or 
vindictive dam ages for wrongs done by the servant, 
without his knowledge or sanction, though the 
same was in the course ot such employment, but 
for just compensation only. 

-89- 



Minor. 

The age of majority is twenty- one years for 
male, and eighteen years for female persons. 
Minors may be adopted and thereby made heirs 
of their adopted parents. Consent of parents 
necessary before marriage. Boys under twelve 
not to be employed in mines, factories, workshops, 
or manufactories. Compelled to attend school 
between eight and fourteen years of age. Entitled 
to be supported by their parents. 

Debts contracted by a minor, except for neces- 
sities, cannot be recovered, unless acknowledged 
after majority. It is not safe to sell minor goods 
without authority from parents or guardians. 

Misrepresentation. 

(See Frauds and Fraudulent Representations). 

Mistake. 

Mistakes in the accounts of executors, guard- 
ians, trustees, etc., may be corrected in Probate 
court; and proceedings may be had in the Court 
of Common Pleas to correct mistakes of the clerk, 
or irregularity in obtaining judgment; and the 
court has power to relieve against any errors, de- 
fects, or mistakes in deeds of conveyance of lands. 
Money paid by mistake may be recovered back. 
(See Irregularity). 

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Mortgage. 

The requisites of a mortgage are that a man 
above the age of twentv-one, or a female above 
the age of eighteen years, who executes such in- 
strument for the conveyance or incumbrance of 
lands, shall sign the same, and acknowledge the 
signing in the presence of two witnesses, who must 
attest the same and subscribe their names thereto ; 
and such signing must be acknowledged before a 
judge of a court of record, or the clerk thereof, a 
county surveyor, justice of the peace, notary pub- 
lic, or mayor, who must certify such acknowledg- 
ment on the same sheet on which such mortgage 
is written or printed, and subscribe his name to 
such certificate. Mortgages so executed, must be 
recorded in the county where such premises are 
situated, and they take effect when recorded. If 
not so recorded within six months from the date 
thereof, they will be deemed fraudulent, so far as 
relates to subsequent bona fide purchasers, ha'^^'ng 
no knowledsje thereof. 

Mortgages, Chattel. 

A mortgage, or conveyance, intended to operate 
as a mortgage of goods and chattels, which is not 
accompanied with an immediate delivery, and fol- 
lowed by an actual and continued change of pos- 
session of the things mortgaged, shall be absolutely 
void as against the creditors of the mortgagor, 
subsequent purchasers, and mortgagees in good 

-91- 



faith, unless the mortgage or a true copy thereof 
be forthwith deposited as directed in the next 
paragraph. 

The instruments mentioned in the last 
paragraph shall be deposited with the town- 
ship clerk of the township where the mortgagor 
resides at the time of the execution thereof, if a 
resident of the State, and if not such resident, 
then with the clerk of the township in which the 
property so mortgaged is situated at the time of 
the execution of the instrument; but when the 
mortgagor is a resident of a township where the 
office of county recorder is kept, or when the 
mortgagor is a resident of a township entirely 
merged in a city or incorporated village, in which 
the office of county recorder is kept, or when he 
is a non-resident of the state, and the property is 
within such township, the mortgage shall be filed 
with the county recorder. 

The officer receiving such instrument, shall in- 
dorse thereon the time of receiving it, and its con- 
secutive number, and enter in a book, to be pro- 
vided by the township trustees or the county re- 
corder, as the case may be, the names of all the 
parties thereto alphabetically arranged, with the 
number of the instrument, its date, the day of 
filing it, a;nd the amount secured thereby, which 
entry shall be repeated alphabetically, under the 
name of every party thereto ; he shall deposit the 
instrument in his office, to be there kept for the 
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inspection of all persons interested; and when 
such mortgage is refiled or cancelled, the date of 
such refiling or cancellation shall be entered upon 
the margin of such record opposite the original 
entry. If the party depositing the instrument 
desires to have it recorded, the officer shall record 
the same at the expense of the person making the 
request, in a book to be provided by the township 
trustees or county recorder, as the case may be ; 
the officer shall enter upon the margin of such 
record, when the instrument is refiled, an affi- 
davit, credit, or statement placed thereon after it 
was recorded ; and when it has been satisfied, the 
party holding it shall, forthwith, notify the officer 
who made record thereof, who shall, without de- 
lay, note such cancellation and satisfaction upon 
the margin of the record without charge therefor. 

The mortgagee, his agent, or attorney, shall, be- 
fore the instrument is filed, state thereon, under 
oath, the amount of the claim, and that it is just 
and unpaid, if given to secure the payment of a 
sum of money only, and if given to indemnify 
the mortgagee against a liability as surety for the 
mortgagor, such sworn statement shall set forth 
such liability, and that the instrument was taken 
in good faith to indemnify against loss that may 
result therefrom. 

Every mortgage so filed shall be void, as against 
the creditors of the peison making the same, or 

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against subsequent purchasers or mortgagees in 
good faith, after the expiration of one year from 
the filing thereof, unless, within thirty days next 
preceding the expiration of the said term of one 
year, a true copy of such mortgage, together with 
a statement verified, as provided in the last para- 
graph, together with a statement exhibiting the 
interest of the mortgagee in the property at the 
time last aforesaid, claimed by virtue of such 
mortgage, is again filed in the office where the 
original was filed. 

Where a party gives more than one chattel 
mortgage, the preference exists in the order of 
filing. Where a mortgagor of chattel property 
disposes of the same without consent of mortgagee, 
the mortgagee can replevin the same wherever 
found ; and the mortgagor will be held criminally 
liable. A chattel mortgage upon a stock of goods, 
in a store, where stock is daily been purchased and 
sold, is not good against execution or attaching 
creditors, unless possession has been given to 
mortgagee. 

Mechanics' Lien. 

(See Lien). 

Necessaries. 

Person* under age, or males under twenty-one, 
and females under eighteen years, are competent 
to contract for necessaries, at a reasonable price, 



and such contract will be binding upon him the 
same as if he were of full age. Food, lodging, 
medicines and apparel suitable to his or her es- 
tate, are comprised in the term necessaries. 

A husband is liable for necessaries for his wife, 
unless she leaves him without his consent, lives in 
adultery, or elopes. 

Negligence. 

In a legal sense, negligence for which a person 
may be liable in damages, is involved in various 
titles. As a general proposition, one performing 
a lawful act is not responsible for an injury aris- 
ing therefrom, unless it is occasioned by his own 
fault. Mere omission to do a thing is not action- 
able, unless it involved the non-performance of a 
legal duty; otherwise, the party injured, may re- 
cover for the direct damages, unless, such party 
himself, contributed to the immediate conse- 
quences. 

Negotiable Instruments. 

(See Bills and Notes). 

Non-Resident. 

Action against a non-resident of the State, or a 
foreign corporation, may be brought in any 
county in which the defendant has property, or 
debts due him, or where such defendant is found. 
If a foreign insurance company, the action may 
he brought in a county where the cause or some 

-95-> 



part thereof arose. In attachment against a non- 
resident, undertaking is not required. Attorney 
or agent may verify pleadings or make affidavit 
in attachment of a non-resident. Non-resident 
plaintiff or plaintiff becoming non-resident must 
furnish security for costs. Service of process on a 
non-resident defendant, made by publication, six 
weeks in a newspaper, if s^Aailj paper, once a 
week is only required. 

Note. 

(See Bills and Notes). 

Notice. 

(See Non-Resident). 

Notice to Vacate. 

(See Lease). 

Obtaining Property or Signature by False 
Pretense. 

Whoever, by any false pretense, with intent to 
defraud, obtains from any person, anything of 
value, or procures the signature of any person, 
as maker, indorser, or guarantor thereof, to any 
bond, bill, receipt, promissory note, draft, or check, 
or any other evidence of indebtedness, and who- 
ever sells, barters, or disposes of, or offers to sell, 
barter, or dispose of, any bond, bill, receipt, prom- 
issory note, draft, or check, knowing the signature 
of the maker, indorser, or guarantor thereof, to 

-96- 



have been obtained by any false pretense, shall, if 
the value of the property or instrument so pro- 
cured, sold, bartered, or disposed of, or offered to be 
sold, bartered, or disposed of, if thirty-five dollars 
or more, be imprisoned in the penitentiary not 
more than three years, nor less than one year ; o: 
if the value is less than that sum, be fined nol 
more than one hundred or less than ten dollars 
or imprisoned not more than sixty, nor less tha 
ten days, or both. (See Property Statements). 

Ownership of Property. 

Possession is presumptive, though not con 
elusive evidence of ownership. One may have 
the right of possession and not of ownership. In 
an action for the recovery of real property, the 
plaintiff must allege a legal estate in the described 
land, and that he is entitled to the possession 
thereof, and that defendant unlawfully keeps him 
out of possession. 

Parties to Action. 

Every action must be prosecuted in the name 
of the real party in interest. An account or other 
demand assigned, must be sued in the name of 
the assignee, and not of the original party. If, 
however, a contract is made directly with one per- 
son, for the benefit of another, such cases are an 
exception to the rule that the real party in inter- 
est must sue. Administrators or executors can, of 

-97- 



course, sue upon the claims of the decedent. 
Where a statute expressly authorizes a certain per- 
son or officer to sue, the directions of the statute 
must be followed. All persons having any inter- 
est in the subject of the action, and in obtaining 
the relief prayed for may, in general, be joined as 
plaintiffs. All united in interest must be joined 
as plaintiffs except, if one will not consent, he may 
be made a defendant, the reason being stated. In 
cases of general and common interest, and the 
parties are numerous, one may sue for the benefit 
of all. 

Any person may be made defendant who has, or 
claims to have, an interest in the controversy ad- 
verse to the plaintiff, or who is a necessary party 
to the complete settlement of the matter involved. 
So those who are united in interest, or jointly lia- 
able upon the same obligation, must be joined as 
defendants. When several persons have done a 
wrong, the plaintiff may elect to sue them jointly 
or separately. In questions of general interest, 
and defendants are many, one may defend for all. 
Infants may sue by guardian or next friend. (See 
Husband and Wife). 

Partner and Partnership. 

A communion, or sharing in profits of a busi- 
ness, is, in general, decisive of the question of 
partnership. Whatever stipulation there may be 
between associates, or however small his interest 



in capital, profit, or loss, each individual of a 
firm will be liable for the whole amount of legal 
liabilities incurred. Each party has power to 
bind the firm in the line of its proper business ; 
and such partnership may be dissolved at any 
time by notice to co-partners (though the partner 
taking this advantage, renders himself liable to 
damages for a breach of the articles of partner- 
ship), and is dissolved absolutely on the death of 
one. And the survivors may sue and be sued in 
respect to the business, or executor or adminis- 
trator of deceased i)artner may join. 

Partners may be sued by the firm name. 

Limited partnerships may be formed for mer- 
cantile, mechanical, manufacturing, or mining 
business, etc., by two or more persons, subject to 
the condition of the statute, banking and insur- 
ance excepted. 

Such are constituted of general and special 
partners, the first being liable jointly and sever- 
ally, as general partners are by law, and the sec- 
ond, who shall contribute in cash a specific sum 
to the capital stock, and who shall not be liable 
for partnership debts, except to the extent of his 
capital, so invested. The certificate of such part- 
nership, signed by each, must contain 

First. — The name of the firm. 

Second. — Th name and residence of each, dis- 
tinguishing who are general, and who are special 
partners. 

-99- 



Third. — The amount of capital contributed by 
each. 

Fourth. — The nature of the business ; and 

Fifth. — When to commence and when to ter- 
minate. 

The certificate must be acknowledged and re- 
corded the same as a deed of land, and a copy 
thereof published in a newspaper of the county, 
of their principal place of business, for six weeks 
immediately after it is recorded. The word 
"limited" shall be the last word of the name of 
every such partnership association. 

The business of the partnership shall be con- 
ducted under a firm name, in which the names of 
all general partners shall be inserted, except when 
there are two or more than two general partners, 
the name may consist of the name of either one or 
more of such partners, with the addition of the 
words "& Co." If any special partner permits 
his name to be used, he shall be deemed a general 
partner; and the partnership shall put up in a 
conspicuous place, on the outside and in front of 
the building in which it has its chief place of 
business, a sign, on which shall be placed in legi- 
ble English letters, all the names in full ot all 
the general partners therein, in default of which, 
no action against the partners shall abate or be 
dismissed because the plaintiff, to prove the al- 
legation on his pleadings as to the names or num- 

-100- 



bers of the members of tbe firm ; but a firm of 
general partners that have transacted business 
under one firm name for more than five years, 
may organize a special partnership to continue 
the same business, containing any of the same or 
additional partners, and adopt the firm name 
before used by such general partnership, subject, 
however, to the provision requiring such special 
partnership to put up a sign containing the names 
in full of all general partners. 

When a member of any partnership in the 
State dies, the surviving partner or partners shall, 
within thirty days after his death, make applica- 
tion to the probate judge of the county in which 
the partnership existed, upon first giving notice 
to the administrator or executor of the deceased 
partner of the application, for the appointment of 
three appraisers, whose duty it shall be to make 
out, under oath, a full and complete inventory 
and appraisement of the entire assets and liabili- 
ties of the partnership, and forthwith deliver the 
same to the probate udge, to be by him filed, but 
not recorded in his office. 

If the surviving partner or partners neglect or 
refuse to have such inventory and appraisement 
made, the administrator or executor of the de- 
ceased partner must have the same made, in ac- 
cordance with the provisions of the preceding 
paragraph. 

-101- 



Part Performance. 

There can be no recovery upon a contract to do 
and complete a piece of work, unless the party 
fully perform the same. A party cannot abandon 
a specific contract, after a part performance, and 
recover for the amount done, without legal cause, 
or showing an assent of the employer to such 
abandonment, or acceptance of the work unfin- 
ished. (See Contract). 

Payments, How Applied, 

A person who owes another two or more ac- 
counts, may, in making a payment, direct upon 
which account the money shall be applied ; if the 
payment made just equals the amount of one of 
the debts, the law presumes, in the absence of any 
directions as to its application, that that is the 
debt intended to be paid. If no directions are 
given, at the time of payment, as to what account 
it shall be applied on, the creditor may apply the 
payment on any one of the accounts. In the ab- 
sence of the debtor directing the application of 
the payment, or the creditor making the applica- 
tion on some particular account, the law applies it 
on the oldest account. 

Penalty of a Bond. 

Where a bond is given for one hundred dollars, 
conditioned, that if the signer of such bond 
shall pay the holder thereof, within one month 

-102^ 



from the date of the same, the sum of fifty dollars, 
said bond shall be void, the less sum only, on de- 
fault, can he recovered, the larger sum being mere 
penalty. 

Postal Rules, 

Anyone who dunns a debtor on a postal-card, 
renders himself liable under United States^ laws ; 
or the same, in regard to putting anything on an 
envelope, to indicate that the contents are a dun- 
ning letter. 

Power of Attorney. 

(See Conveyance. Confession of Judgment). 

Promissory Note. 

(See Bills and Notes). 

Proof of Claim. 

When causes of action are not put in issue by 
answer, judgment will be taken as upon default. 

In insolvency proceedings, proof must be made 
by affidavit, that the claim is just and lawful, and 
that there are no set-offs, or counter-claims thereto. 
Claims against a decedent's estate, the executor, 
etc., may require satisfactory vouchers thereof, 
and also affidavit of the claimant, that the sum is 
justly due, that no payments have been made 
thereon, and that there are no set-offs against the 
lame, to the knowledge of the claimant. 

-103- 



Property Statements. 

Where it is possible, vendors should require 
vendees seeking to obtain credit, to give state- 
ments in writing, signed by said vendees, that 
they may have the best of proof regarding the 
fraud. (See Fraud). 

Receipt. 

Upon a settlement, and giving a receipt in full 
of all demands, it is presuraed that all demands 
then and theretofore existing were adjusted and 
settled, but the party giving it will not be pre- 
cluded from showing a mistake in the settlement, 
and recovering what is truly and in fact due him. 

The altering, forging, counterfeiting, etc., of re- 
ceipts is punishable the same as forgery. In an 
action at law, a receipt is prima facie evidence 
only, being subject to explanation regarding mis- 
takes. 

Redemption. 

Eeal estate sold on execution, may, at any time 
before confirmation of such sale, be redeemed by 
the judgment debtor, by depositing the amount of 
the judgments, costs., etc., including poundage 
and interest, with the clerk of the court. All 
lands and town lots sold for taxes, at delinquent 
sale, may be redeemed at any time within two 
years after the sale thereof ; but any lands sold 
■"ov '•■axes, belonging to any person within the age 

-104- 



of minority, of unsound mind, or imprisoned, 
may be redeemed at any time within two years, 
after sucli disability is removed. 

Replevin. 

The possession of specific personal property may 
b)e recovered in this action. 

Affidavit For Okder of DEi^rv^EHY. — A writ 
^vill issue on filing affidavit of plaintiff, his agent 
or attorney, showing : 

First. — A description of the property claimed. 

Second. — That the plaintiff is the owner of the 
property, or has an interest therein ; and if the 
interest or ownership is special, or partial, tlie 
facts shall be stated. 

Third. — That the property is wrongfully de- 
tained by the defendant. 

Fourth. — That it was not taken on process, issued 
against the plaintiff, nor for a tax ; or if taken 
on such process, that the property was exempt 
from execution, expressly, or upon demand or 
selection by the plaintiff. 

Plaintiff to Gfv^e an Undertaking. — The 
officer shall, except when the property replevined 
consists of the articles stated in the next para- 
graph, deliver the property so taken to the plaint- 
iff, his agent or attorney, when there is exe- 
cuted, by sufficient <surety of the plaintiff, a writ- 
ten undertaking to the defendant, in at least 

-105- 



double the value of the property taken, to the 
effect that the plaintiff shall duly prosecute the 
action, and pay all costs and damages which may 
be awarded against riim ; and the undertaking 
shall be returned with the order. 

Duty of Officer When Property Consists 
OP 'Heir-Looms, Etc. — When the property re- 
plevined consists of an heir-loom, personal keep- 
sake, or other article, the value of which consists, 
in whole or in part, in its being a relic, model, 
gift, family picture, painting, or rare production 
of art or nature, and not wholly in its general 
marketable character, the officer shall retain and 
safely keep the same, subject to the order of the 
court; if the defendant, his agent, or attorney, 
within ten days after the same is replevined, serve 
a written notice upon the officer that he will de- 
mand the return of the same, upon the final trial of 
the case, and that he will, at the next term of the 
court, move for an order, requiring the officer to 
retain the property, subject to the final order of 
the court ; and if the defendant fail to give the 
notice aforesaid, or the court, upon application of 
either party, refuse to order the officer to retain 
the property, for the reason that it does not belong 
to one or more of the kinds of personal property 
aforesaid, the officer shall deliver the property to 
the plaintiff, his agent or attorney, upon the exe- 
cution of an undertaking, as provided in the pre- 
ceding paragraph, to be filed with the clerk of 

-106- 



the court within ten days from the expiration of 
the time to give the notice, or in case the notice i 
given within ten days after the refusal of the 
court to order the officer to retain the property. 

How Value of Property Fixed. — For the 
purpose of fixing the amount of the undertaking, 
the vahie of the property taken shall be ascer- 
tained by the oath of two or more responsible 
persons, whom the officer shall swear truly to as- 
sess the value thereof. 

When Officer may Break Open Build- 
ing. — The officer, in the execution of the order of 
delivery, may break open any building or inclos- 
ure, in which the property claimed, or any part 
thereof, is concealed, but not until he has been re- 
fused an entrance into the building or enclosure, 
and the delivery of the property after having de- 
manded the same. 

Rescinding Contra 

A special contract may be waived by the agree- 
ment of the parties, and a recovery may be had 
for the value of the work — as where the plaintiff 
has been prevented by the defendant from per- 
forming the work, he may recover. Part per- 
formance or delivery need not be accepted, and if 
not accepted, payment cannot be enforced ; but if 
accepted, payment can be enforced for the part 
performed or delivered. On a special contract to 

-107- 



deliver a certain amount or number of anything, 
bj a certain time, and contract is partly executed, 
within the time, recovery cannot be had for the 
part performance. 

Revival. 

Judgments become dormant, after five years, 
unless execution has issued thereon, and proceed- 
ings in court are necessary to revive the same. 
When the plaintiff is dead, the executor, etc., of 
the deceased, judgment creditor, will apply to the 
court for an order of revival. (See Judgment). 

Sales. 

Transfer of ownerships of goods and chattels, 
from one person to another, in consideration of 
the price paid, or agreed to be paid, constitutes a 
sale. Until such property passes from seller to 
buyer, by actual delivery, it is subject to execution 
against the seller. When a contract or agreement 
for specific chattel property is made, and nothing 
more is necessary to be done by the seller, the sale 
is deemed complete and perfect, and the goods are 
vested in the buyer, and subject to his risk, even 
without actual payment or formal delivery. The 
custom of trade largely governs such transactions, 
but in the absence of such, the immediate pay- 
ment and delivery is implied in the sale of specific 
goods, and tender of the price is necessary to 
make the contract binding on the seller. An offer 



to sell or buv by the buyer or seller, as soon as 
the minds of the two contracting parties meet, 
constitutes a contract of sale that the courts will 
enforce. 

Signature. 

Persons sometimes place their signature on a 
blank piece of paper, and thereby confer authority 
upon another to write or fill up the blank over 
the same with a bill or note ; such will be valid 
and binding on the party signing such blank. 

Statute of Frauds. 

(See Frauds and Fraudulent Eepresentation). 

Stay of Execution. 

(See Execution). 

Submission to Arbitration. 

All persons who have any controversy, except 
when possession or title to real estate is in ques- 
tion, may submit the same to the umpirage of any 
person or persons, to be mutually agreed upon, 
and make such submission a rule of court. 
They may enter into bonds to abide and perform 
the award ; the bond to specify a time and place 
for the hearing. If the award is for money, and 
the same is not complied with, the court will enter 
judgment thereon, and issue execution as in other 
cases. 

^109- 



Subscription. 

Where several persons subscribe to raise money 
for an object in which all feel an interest, the 
mutual promises of the subscribers form a yalid 
consideration for the promise of each; and be- 
sides, if the work be done on the faith of the sub- 
scription, it then becomes the ordinary case of a 
promise to pay on one side, and work done in 
consideration thereof, on the other. 

Surety. 

Sureties, except such as appertain to commercial 
paper, are such as become responsible on official 
bonds, and their liability as such, is generally the 
amount of the defalcation, limited, only, to the 
amount of the bond. (See Promise to Pay the 
Debt of Another. See Bills and Notes. Contract). 

A promise to pay the debt of another is not good 
unless made in writing; signed by the party mak- 
ing the promise. Where A has sold goods to B, 
and C says in writing, signed by himself, I will 
be responsible for the bill of goods sold by A to 

B, then A can collect of C ; or, if C says to A, 
Let B have one hundred dollars, or one thousand 
dollar's worth of goods, and charge them to me, 
and I will pay for them, and A charges them to 

C, A can recover. It is a safe rule to follow, that 
unless parties asking credit for others, are willing 
to put their guarantee in writing, they are un- 

-110- 



worthy of credit, and merchants will make money 
by not letting goods go out of store. 

Suit. 

(See Actions). 

Taxes. 

Taxes are an incumbrance on land from the 
day next preceding the second Monday in April 
of each year. They may be paid on the twenti- 
eth day of June and December, subject to fifteen 
per cent, penalty if delinquent; lands liable to be 
sold therefor on the third Tuesday in January fol- 
lowing. May be redeemed at any time within two 
years after sale. 

Tender. 

A tender may be made either before or after 
action; the result only affects the question of 
costs. If money is to be paid, or any other act 
performed on a certain day and place, the legal 
time of performance is the last convenient busi- 
ness hour of the day for transacting business. 
Neither party is compelled to attend during the 
whole of the day. Custom, in certain kinds of 
business, and in certain places, may regulate the 
time. Notes payable at banks must be paid within 
the usual banking hours. Tender must be uncon- 
ditional, not accompanied by any demand, as for 
a receipt in full. If, after tender and refusal, the 
party concludes to accept the amount, he will be 

-111- 



entitled to it, and if, on demand, it is refused, the 
effect of the tender is destroyed. 

Trade. 

Contracts in constraint of trade are void. (See 
Contracts. Consideration). 

Undertaking. ^ 

In attachment suits, when the ground of at- 
tachment is, that the defendant is a foreign cor- 
poration, or a non-resident of the county (where 
the action is brought), the plaintiff is not required 
to give a bond or undertaking ; but in all other 
cases, whatever the grounds of attachment may 
be, an order of attachment will not issue, until 
there has been filed in the office of the justice, or 
clerk of court, subject to their approval, an un- 
dertaking in attachment, double in amount of the 
plaintift's claim, and with one or more sureties, 
residents of the county. 

Usury. 

(See Interest. Computation). 

Vendor and Vendee. 

These are active and passive terms, of the same 
significance as assignor and assignee, mortgagor 
and mortgagee. So the vendor is the seller, and 
the vendee is the buyer. A bailor lets goods for 
hire, the bailee is the one who hires the goods. 

-112- 



Warehouseman. 

Warehouses are incident to places, where goods 
are deposited to be shipped, prior to transporta- 
tion ; and the warehouseroan who receives the 
same on deposit for him, is only liable for such 
injuries and losses as arise from his fault or neg- 
lect. He is bound only to take such care, and to 
use such diligence as men of ordinary prudence 
exercise under like circumstances. He is not 
responsible for loss by fire, robbery, or any acci- 
dent, over which he has no control, or which did 
not arise from his own carelessness. Every per- 
son in whose name merchandise is shipped, is 
deemed the true owner thereof, so far as to entitle 
the consignee to a lien thereon, for money ad- 
vanced to the shipper, or negotiable security given 
him by the consignee. 

Wills. 

Any person of full age, and sound mind and 
memory, and not under constraint, having any 
property, personal or real, or any interest therein, 
may give and bequeath the same to any per- 
• sons, by last will and testament, lawfully exe- 
cuted. Must be in writing, signed at the end 
thereof by the party making the same, and be at- 
tested and subscribed in the presence of such 
party, by two or more competent witnesses, in 

-113- 



each others presence, who saw the testator sub- 
scribe, or heard hira acknowledge the same. 

Work and Labor. 

When one works for another, in the absence of 
an especial agreement as to amount of compensa- 
tion, he may recover reasonable compensation, or 
wages. A parent may recover for the work of his 
child ; a minor may recover for his work ; and a 
master may recover for the labor of his apprentice. 
In all engagements to labor in any mechanical, 
manufacturing or mining business, a day's work, 
when the contract is silent upon the subject, or 
where there is no express contract, shall consist of 
eight hours, and all agreements, contracts or en- 
gagements in reference to such labor, shall be so 
construed. All contracts, hereafter made within 
this State, for work to be done, or for anything to 
be sold by weight or measure, shall be taken and 
construed according to the standards adopted as 
the standards of this State. 

No exemptions from manual work and labor 
less than $300.00 ; exemptions in household laws 
do not apply to claims ot this kind. No minor 
under the age of twelve years shall be employed 
in any factory, work-shop, or establishment 
wherein the manufacture of any goods of any 
kind is carried on. No minor under the age of 
eighteen years shall be employed in any of the 

-114- 



places named for a longer peried than ten hours a 
day, and in no case shall the hours of labor exceed 
sixty in one week. 

Year, 

(See Computation of Time). 



-115- 



STATUTES OF LIMITATIONS, 

The following Tables were the laws in force Dec. 1890, 
as given in each case, by the best special correspondent 
obtainable in every State and Territory, and can be re- 
lied uprn as correct. E. W. G. 







S 


S 


■i^ 






a; 




J3 






-fj 




o 







*f< cc 


B 


^■6 




O 

o 


H 


f1 


® R 


STATE OR TERRITORY. 


CO 






II 




O 


O 


^ 








^ 


^ 


t-a 




Years 


Years 


Years 


Yearg 


Alabama 


3 


6 


10 


20 


Arkansas 


3 
3 


5 
5 


10 
5 


10 


Arizona 


5 


California 


2 


-4 


4 


5 


Colorado 


6 
6 
6 


C 
6 
6 


6 
17 
20 


6 


Connecticut 


20 


Dakota (North) 


20 


Dakota (South) 


6 


6 


3 


20 


Delaware 


3 


6 


t20 


20 


District of Columbia 


3 
4 
4 


3 
5 
6 


12 
20 
20 


12 


Florida ,... 


20 


Georgia 


7 


Idaho 


t4 
5 
6 
5 


2 
10 
10 
10 


2 
10 
20 
10 


6 


Illinois 


20 


Indiana 


20 


Iowa ., 


20 


Indian Territory. 


3 


5 


10 


10 


Kansas 


3 


5 

alb 

5 


5 

15 

5 


5 


Kentuckv 


15 


Louisiana 


10 


Maine 


•6 
3 


6 
3 


20 
12 


20 


Maryland 


12 


Massachusetts 


6 
6 


6 
6 


20 
10 


20 


Michigan 


^10 


Minnesota 



3 
5 


6 

6 

10 


6 

6 

10 


10 


Mississippi 


7 


Missouri 


20 







*Two years, if not in State of Caliiornia. 
t Longer by proof of claim. 

JTwo years from time due, trom each item open acct. 
[«! Notes on footing of Bills of Exchange, 5 years. 
§Five years, merchant and merchant; two years, meiw 
ehant and consumer. 
!|Ten years, if acknowledged correct. 
^Mortgages, 15 years ; notes under seal, 10 years. 



-116- 



STATUTES OF LIMITATIONS. 



STATE OR TERRITORY. 


a 

8 

< 

O 


Si 

o 


a 

m 






Years' Years 


Years 


Years 


Montana 

Nebraska 


5 
4 
4 
G 
6 
4 
6 
3 
6 
4 
6 
6 
6 
6 
6 
2 
2 
6 
3 
3 
5 
6 
4 


8 

I 

6 
6 
6 
3 

15 
5 
6 
6 
6 

20 
6 
4 
4 
6 

I 

10 
G 
5 


8 
5 

6 
20 
16 

6 
20 
10 
15 

5 
10 

t 

20 

CO 

6 

4 

4 

8 

10 

6 

10 

20 

5 


10 
5 


Nevada 


G 


New Hampshire 

New Jersey 

New Mexico 


20 
20 
15 


New York 


20 


North Carolina 

Ohio 


10 
21 


Oklahoma Territory 


5 


Oregon 

Pennsylvania 


10 
5 


Rhode Island 


20 


South Carolina, 


20 


Tennessee 


10 


Texas 


10 


Utah 


5 


Vermont 


8 


Virginia 

Washington 


20 
6 


West Virginia 

Wisconsin 


10 

120 


Wyoming 


5 


Province of Ontario 


5 
6 


5 


30 

20 


30 


Province of Quebec 


20 



*Notes secured by mortgage 20 years. 
tStatute of limitation does not apply. (3.) Sealed 
treated as speciaJty. 
X Ten, if judgment of other State. 



117- 



INTEREST LAWS, AND LAWS OF 
GRACE ON SIGHT DRAFTS. 



iSTATE OR TERRITORY. 


a 




i 
i 

o 

i 




PER CENT. 


PER CENT. 




AlalDama 


8 

6 

7 

7 

8 

6 

7 
12 

6 

6 

8 

7 
10 

8 

6 

6 

6 

6 

6 

5 

6 

6 

6 

6 

7 

6 

6 
unlimited. 

7 

7 

6 

6 

6 

6 

6 

6 

7 

8 


'l2* 

"id* 

any rate. 
8 

J8 

""s 

10 
10 

'"8* 
any rate. 

'id' 

10 
10 
10 

'W 

12 

■"8* 
8 
10 
10 


Yes. 


Arkansas . 




Arizona 


Yes. 


California 


No. 


Colorado 

Co'inecticQt 


Yes. 
Yes, 


Dakota (North) 


Yes. 


Dakota (South) 

Delaware 


Yes. 
No. 


District of Columbia 

Florida. 


No. 


Georgia, 


No. 


Idaho 




Illinois .. 


Yes. 


Indiana 




Iowa 


Yes. 


Indian Territory 




Kansas 


No. 


Kentucky 


Yes. 


Louisiana 


Yes. 


Maine 


Yes. 


Maryland 


No. 


Massachusetts 


Ye«. 


Michigan. 


Yes. 


Minnesota 


Yes. 


Mississippi 


Yes. 


Missouri 


Yes 


Montana.. 


No. 


Nebraska 


Yes. 


Nevada 


No. 


New Hampshire 


Yes. 


'■•New Jersey 


Yes. 


New Mexico 

New York 


No. 
Yes. 


North Carolina 

Ohio 


Yes. 
Yes. 


Oklahoma Territory 


Yes. 


Oregon 


No. 







•J^Bank drafts, no grace. 



-118- 



INTEREST LAWS, AND LAWS OF 
GRACE ON SIGHT DRAFTS. 



STATE OR TERRITORY. 



Pennsylvania 

Rhode Island 

South Carolina 

Tennessee 

Texas 

Utah 

Vermont 

Virginia 

Washington 

West \irginia 

Wisconsin 

Wyoming 

Province of Ontario. 
Province of Quebec, 





rC 


^ 


^ 


'0 . 




§ 


^ CC 


o 


q3 


O^ 


^ 


^ 


'-: a 


M 




< o 


o 


•-i 


0)0 


o 






o 




03 


a 




Ph 




PER CENT, 


PER CENT. 




6 




No. 


6 




Yes. 


7 


8 


Yes. 


6 




No. 


8 


12 


Yes. 


8 




No. 


6 




Yes. 


6 




No. 


10 


any rate. 


Yes. 


6 




No. 


7 


JO 


Yes. 


12 




Yes. 


6 




Yes. 


6 




Yes. 



-119- 



INDELX. 



Abs3nce ., 5 

Accident 5 et seq 

Accommodation Acceptor 6 et seq 

Accommodation Indorser 7 

Accommodation Paper 8 

Account Stated 8 

Acknowledgement of Service of Process 9 

Acknowledgement of Deeds and Wills 38 et seq 

Actions 9 

Administration of Estates 9 et seq 

Affidavit 10 et seq 

Agent...... 12 et seq 

Agreement 13 et seq 

Appeals 14 et seq 

Appearance to the Action 15 

Arrest on Civil Process before Judgment 15 

Arrest on Civil Process after Judgment 16 

Assignment of a Claim 16 

Assignment for Benefit of Creditors 16 et seq 

Attachment 17 etseq 

Attested Account 18 

Bail 18 

Bill of Costs 18 etseq 

Bill of Sale 19 

Bills and Notes 19 et seq 

Bond 21 etseq 

Book Account , :.. .* 22 

Burden of Proof 22 

Care 22 et seq 

Carriers of Goods 23 et seq 

Chattle Mortgages 91 et seq 

Choses in Action ! 24 et seq 

Claimant of Property taken on Execution 25 et seq 

-120- 



Cognovit or Judgment Note 26 

Collateral Security 26 et seq 

Composition with Creditors 57 et seq 

Compound Interest 28 et seq 

Computation of Interest 29 et seq 

Computation of Time 31 

Conditional Sales 32etseq 

Confession of Judgment 33 et seq 

Consideration 34 et seq 

Consignment „ 35 

Consignor and Consignee 35etseq 

Constructive Notice 36 

Continuance 36 et seq 

Contract 37 et seq 

Conveyance 38 et seq 

Commercial Paper x 40 

Corporations 40 et seq 

Courts... 42 et seq 

Costs 43 

Date 43 et seq 

Days of Grace 44 

Demand 44 

Depositions 44 et ssq 

Descent and Distribution 45 et seq 

Divorce , 48 et seq 

Dormant Judgment 50 

Dormant Partner.. 51 

Driving 51 et seq 

Embezzlement 52 et seq 

Evidence 53 et seq 

Execution 56 et seq 

Exemptions 57 et seq 

Exempt Insurance Money 59 

Express and Implied Contracts 59 

False Pretense 59 etseq 

Fees for Incorporating 42 

Forcible Entry and Detention 60 et seq 

Forgery 61 et seq 

Frauds and Fraudulent Representations 62 etseq 

Frauds of Owners on Consignees 63 

Frauds 63 et seq 

Frauds and Perjurys, Statute of 64 et seq 

-121- 



Garnishee 65 et seq 

Grace 66 et seq 

Guarantor anl Guarantee 67 

Hotels 70 et seq 

Husband and Wife 67 et seq 

Ignorance 73 

niegal Considerations 72 et seq 

Hlegal Contracts 73 

Implied Promise 73 

Inducement =..^.v... 73 

Insolvent Debtor 73 et seq 

Installments, how Interest to be Computed. 74 et seq 

Insurance 75 

Interest , 75 et seq 

Inventory 76 

Irregularity 76 

Interest Laws and Grace on Sight Drafts 118 et seq 

Judgments 76 et seq 

Jurisdiction of Justice of the Peace 77 et seq 

Landlord and Tenant 78 

Lease 78 et seq 

Letters 79 et seq 

Licenses 80 

Liens, upon Water-Craft, Buildings, Bridges, etc. 80 et seq 

Lien, upon Mines for Labor 81 et seq 

Lien, Leasehold 82 

Lien, Penalty for wrongful use of Material Pur- 
chased by Contractor 82etseq 

Lien, upon Contiguous Lots or Separate Build- 
ings 83 

Lien, Action 88 et seq 

Lien, Who is Owner or Proprietor 84 

Lien, Filing of 84 etseq 

Lien, of Sub- Contractors upon Payments due 
Head-Contractor; How Obtained; Filing of 

Statetement of Account, etc 85 et seq 

Lien, Payments to be retained on Receipt of 

Notice 86 et seq 

Lien, When and How Sub-Contractor may ob- 
tain Lien on the Property of the Owner; Date 

of Lien 87 et seq 

Limitation of Actions 88 et seq 

-122- 



Mail _ 89 

Malicious Prosecution 89 

Married Women 89 

Master and Servant 89 

Minor 90 

Misrepresentation 90 

Mistake CO 

Mortgage 91 

Mortgages, Chattel 91etseq 

-r*- Mechanics Lien 94 

Necessaries 94 et seq 

Negligence^ 95 

Negotiable Instruments 95 

Non Resident 95 et seq 

Note 96 

Notice 96 

Notice to Vacate 96 

Obtaining Property or Signature by False 

Pretense 96 et seq 

Ownership of Property 97 

Parties to Action 97 et seq 

Partner and Paitnership.... 98 et seq 

Part Performance 102 

Payments, How Applied 102 

Penalty of a Bond 102 et seq 

Postal Rules 103 

Power of Attorney....... 103 

Principal 12 

Promissory Note 103 

Proof of Claim 103 

Property Statements 104 

Receipt 104 

Redemption 104 et seq 

Replevin 105 et seq 

Rescinding Contract ]07 

Revival 108 

Sales 108 et seq 

Signature 1C9 

Statute of Frauds 109 

Stay of Execution 109 

Submission to Arbitration 109 

Subscription 110 

-123- 



Surety llOetseq 

Suit.. Ill 

Statute of Limitation Table 116 et seq 

Taxes Ill 

Tender Ill etseq 

Trade 112 

Undertaking 112 

Usury 112 

Vendor and Vendee ., 112 

Warehouseman 113 

Wills .,... 113 et seq 

Work and Labor 114 et seq 

Year 115 



-124- 



E> W. GODDARD. Gbo. H. Burrows. 

GODDARD & BURROWS, 

Law mm Golleiitioii ^mn 

236 Superior Street, 
OLEiZELKND. OHIO. 



Commercial Law and Collections a Specialty. 

Collections made anywhere in the United States 
or Canada. 

Best of Legal Correspondents at all available 
points. 

Depositions taken. Notary, Stenographer and 
Typewriter always in office. 

Collections Personally Attended to anywhere in 
Ohio, taking first train on Claims wired or sent us 
by any responsible Houss. 

Correspondence Solicited. 

Collections requested of all Wholesale, Jobbing 
and Manufacturing Houses. 



3E1. S3 f^ 3E3 £«. £3 l^r <=; £3 S 

BY PERMISSION^ OP 

:ES- "XP^. C3rOID33-A.n.ID. 

Babcock, Hijrd & Co., Wholesale Grocers, 
Cleveland, Ohio. 

Strong, Cobb & Co., Wholesale and Retail 
Druggists. 

Smith & Curtiss, Jobbers and Importers of Teas, 
Coffees and Spices. 

Geo. Worthington Co. The, Importers and 
Jobbers of Hardware, Etc. 

Wm. Taylor, Sons & Co., Wholesale and Retail 
Dry Goods and Notions. 

Bowler & Bxjrdick Co., The, Wholesale and 
Retail Jewelers. 

Burrows Bros. Co. The, Wholesale and Retail 
Stationers. 

Wm. Edwards, Esq., Pres. Board of Trade, 
Cleveland, Ohio. 

J. D. Rockefeller, Esq., Pres. Standard Oil Co., 
New York City. 

H. A. Massey, Pres. Massey Manufacturing Co., 
Toronto, Ont. 

Hon. F. J. DiCKMAN, Judge Ohio Supreme Court. 
First National Bank, Cleveland, Ohio. 
Mercantile National Bank, Cleveland, Ohio. 
Union National Bank, Cleveland, Ohio. 
Cleveland National Bank, Cleveland, Ohio. 
State National Bank, Cleveland, Ohio. 
Commercial National Bank, Cleveland, Ohio. 



fc xs f^ :e3 DEL s: IV C? IB JS 

BY PERMISSION^ OP 



Childs, Groff & Co., Wholesale Boots and Shoes, 
Cleveland, Ohio. 

Bektox, Myers & Co., Wholesale Druggists, 
Cleveland, Ohio. 

The Forest City Paint & Varnish Co., Manu- 
facturers, Cleveland, Ohio. 

Kinney & Levan, Wholesale Crockery, Cleveland, 
Ohio. 

Randall & Carter, Wholesale Whips and Gloves, 
Dealers and Manufacturers, Cleveland, Ohio. 

R. G. Miller & Co., Wholesale Coal, Cleveland, 
Ohio. 

The W. H. H. Peck Co., Wholesale Rubber 
Goods, Cleveland, Ohio. 

The Cleveland Window Glass Co., Wholesale 
Window Glass, Sash, Doors, Etc., Cleveland, 
Ohio. 

Moses Bros., Wholesale Notions, Cleveland, Ohio 

McIntosh, Huntington & Co., Wholesale Hard- 
ware, Cleveland, Ohio. 

A. J. Wenham's Sons, Wholesale Grocers, 
Cleveland, Ohio. 

Fijldheim & Goldberg, Proprietors of Excelsior 
Knitting Works, Cleveland, Ohio. 

Cleveland Linseed Oil Co., Manufacturers and 
Jobbers Linseed Oil, Cleveland, Ohio. 

The Forest City Wire & Iron Co., Manufactur- 
ers of Builders Supplies, Cleveland, Ohio. 

A. M. Cole, President City National Bank, Akron, 
Ohio. 



